Teachers Service Commission (TSC) and KNUT were in court on 27th August 2019 over the CBA implementation and contempt of court case. Below is an update from the Kenya National of Teachers Union over what transpired
Source: Image and content below was first shared by KNUT
TSV vs KNUT Court case over CBA implementation (27th August)
CASE begun at exactly 12 noon. Two matters concerning TSC vs KNUT were to be heard. A case for contempt of court and another where Justice Maureen Onyango had ordered that TSC pays union dues and stops validation.
The court heard that the commission is willing to recover July and August union dues at one go from next month’s pay if it was so ordered.
The union fee is deducted by TSC, through a checkoff system, but it has failed to do so for the past two months, which means teachers have pocketed the amount due to Knut.
The commission blamed a computer error for not paying Knut its dues, adding that it was willing to remit the same in September.
“We have not disobeyed the orders. We have a reason for not remitting the deductions. The payroll for August is already done. We were in the process of dividing the payroll into two. We ran into a technological problem. We have no problem to give union dues,” TSC said.
When Labour Court judge Byrum Ongaya suggested that the Nancy Macharia led commission should then enter a consent with the Wilson Sossion led union, TSC lawyer Timon Oyucho changed tune.
According to the lawyer, the claim by Knut emanated from a case which was settled by the same judge in July.
He argued that Justice Ongaya ought to withdraw from the case as the union was allegedly trying to seek interpretation of his orders while he had already settled the dispute.
According to the lawyer, the union ought to have gone for conciliation first as dictated by their agreement if the case was new.
“We have no problem with the dues but we have a big problem with the court. We have a problem in the manner this court is conducting these proceedings. We are yet to file a response. You have not had an opportunity to hear from both sides.
“If indeed their genesis of the case is the judgement, then we will be requesting you to recuse yourself. They have founded a dispute out of the judgement that you made. There was no dispute about union dues,” argued Oyucho.
Knut lawyers Paul Muite, Hillary Sigei and John Mbaluto, told the court that TSC was playing a game of musical chairs with the orders of the court.
Mr Muite took the stand first. He urged the court to find that the commission had turned rogue as they did not comply with the orders of the court to remit the Sh140 million.*
According to the lawyer, TSC split unionisable and non unionisable teachers in its payroll after the court declined to suspend its orders in favor of the union.
The lawyer claimed that there was a plot by TSC to kill KNUT
“They arbitrarily decided not to effect the deductions, not to comply with appraisal scheme. We have run to this court because it is this court and this court alone that can save workers,” claimed Muite.
Case 2. Contempt of court application
Knut filed a contempt of court application against TSC, claiming that the adverts were against the orders of the court that unionisable teachers ought to be promoted in accordance with the Code of Regulations for Teachers.
The union also claimed orders on re-routing union officials to areas they represent were also not honoured.
KNUT took issue with recoveries of teachers salaries as a means by TSC to punish KNUT members.
KNUT wants TSC to comply with the orders issued earlier n the four contentious issues without TSC resorting to vacate the provisions of the CBA that include promotions upon higher qualifications in accordance with the schemes of service and as contained in the current CBA.
The two cases resume on 2nd September and 16th September respectively.