Intern Teachers Confirmation To PnP To Take Longer. The terms of employment for the almost 60,000 teachers who were hired as interns by the Teachers Service Commission will remain unchanged. Their employment contracts were ruled unlawful by the Employment and Labour Relations Court (ELRC) two weeks ago.
However, a judge ordered on Friday that their work status should stand. This is valid until the commission strikes a compromise or receives interim orders from the Court of Appeal. Judge Byrum Ongaya, however, granted TSC a three-month grace period, during which it must either request higher court intervention or hire all impacted instructors on a permanent and pensionable basis.
The Kenya Junior Secondary School Teachers Association (KeJUSTA) sent a letter to its members the day after Ongaya issued the directives, stating that it was awaiting clarification on what exactly the term “status quo” meant. It contended that the judge’s meaning was ambiguous. KeJUSTA Secretary General Daniel Murithi remarked, “I wish to caution teachers against misguided interpretation of the ruling and the misplacement of the term status quo as it appears in the ruling.”
Suspend judgment
TSC filed a motion to rescind the ruling in the interim, arguing that doing so would imperil its intention to hire the interns for the next year. But according to Justice Ongaya, the application implied that TSC was requesting that he make his own decisions. But he said that things would continue as they are until August 1, 2024.
“It is in the interest of justice, it appears to the court that it would be appropriate for the status quo prior to the judgment to be maintained with respect to the findings and orders of court in the judgment, pending a compromise or rearrangement of the affairs between parties or applicants filing appropriate application at the Court of Appeal,” ruled Justice Ongaya.
Intern Teachers Confirmation To PnP To Take Longer
Ongaya ruled that TSC had violated the right to fair labour practices by giving the teachers internship positions while they were qualified and possessed teaching licenses.
TSC hired at least 60,000 teachers as interns to teach junior secondary schools (JSS)
In his verdict, Justice Ongaya said the commission cannot hire or engage student-teachers or interns as its mandate is limited to employing those who are qualified and registered.
“The respondents have not exhibited statutory regulatory or policy arrangements that would entitle the first respondent (TSC) to employ interns. Ideally, the first respondent should employ registered teachers upon terms that are not discriminatory and to meet the optimal staffing needs in public schools,” he said.
Permanent basis
The programme was introduced to reduce teacher shortage in schools, particularly at the advent of junior secondary school. It was initially set to run for one year before the interns were absorbed on permanent basis.
However, in December, President William Ruto announced that the teachers will be required to serve an extension of one year before they can be considered for employment.
In the case, the court heard that TSC gave contracts to the interns to teach two subjects. However, in reality, they ended up teaching every subject.
There were also complaints that despite the tutors being paid a stipend TSC deducted all taxes and contributions required by the government, including the controversial housing levy.
The case was filed by the Forum for Good Governance and Human Rights on behalf of the interns. It indicated that those hired were not supervised but left to grapple with all subjects on their own.
“The second respondent is handling the lives and rights of the children casually as test guinea pigs to confirm whether the CBC, can work,” the court heard.
Intern Teachers Confirmation To PnP To Take Longer
An affidavit supporting the case was filed by one of the impacted teachers. Oroso Oganga said in his affidavit that he was assigned to Kajiado County’s Eking Narok Primary School. He added that his contract with TSC made it clear that he was to teach either history or Christian religious education. He holds a Bachelor of Education (Arts) degree.
However, he ended up teaching computer science, integrated science, social studies, CRE, health education, and life skills when he reported to the school on February 7, 2023. Oroso said that he only received a Sh20,000 stipend in spite of all of his labor.