Court Declares Intern Teacher Posting To JSS Is Illegal. The roughly 60,000 teachers who were employed as interns by the Teachers Service Commission may demand that their employers reimburse them for the whole duration of their employment.
This came to light yesterday, when the Employment and Labour Relations Court (ELRC) determined that by offering them internship employment while they were qualified and held teaching licenses, the commission had breached their right to fair labor practices.
However, with only two weeks till classes resume for the second term, the judgment also casts doubt on the future of junior secondary schools. The junior secondary school’s implementation of the competency-based curriculum has been largely supported by the teachers.
Justice Byrum Ongaya declared in his decision that the commission’s authority is restricted to employing those registered and qualified only.
“The first respondent (TSC) would be entitled to hire interns if the respondents had demonstrated statutory regulatory or policy arrangements.” In order to meet the best staffing needs in public schools, the first respondent should ideally hire registered instructors on nondiscriminatory terms, according to Justice Ongaya.
In addition to being a crash program designed to supply instructors for junior secondary schools, the initiative was launched to address the teacher shortage that was plaguing schools.
Court Declares Intern Teacher Posting To JSS Is Illegal
The decision, however, adds significant resistance to the program’s extension to the list of issues that have plagued the internship program.
The internship programme was initially set to run for one year before the interns are absorbed on a permanent and pensionable basis.
However, in December, President William Ruto announced that the teachers will be required to serve an extension of another year before they can be considered for permanent and pensionable employment.
In the case, the court heard that TSC gave contracts to the interns to teach two subjects. However, in classes, they taught everything including sciences and mathematics.
At the same time, those hired were aggrieved that some colleagues were hired on permanent and pensionable terms while they were retained under the terms of teachers in colleges and universities who are placed in schools to learn how to teach.
Court Declares Intern Teacher Posting To JSS Is Illegal
There were claims that despite the tutors getting an ‘intern 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. I state this is indeed a worrying state,” the court heard.
Affected Teachers’ Affidavit
One of the affected teachers filed an affidavit in support of the case. Oroso Oganga narrated that he was sent to Eking Narok Primary School in Kajiado County.
His degree indicated that he graduated with a degree of Bachelor of Education (Arts). According to him, his contract with TSC was clear that he was to teach History or Christian religious education.
However, he stated that when he reported to the school on February 7, 2023, he ended up teaching Computer Science, Integrated Science, Social Studies, CRE, Health Education and Life Skills.
He said he was also responsible for both administration and management of the class.
Oroso said despite all the work, he went home with a Sh20,000 stipend.
On Wednesday, Kenya National Union of Teachers (KNUT) hailed the court ruling as a significant victory for intern teachers. The ruling paves the way for the interns to be potentially absorbed into permanent positions.
KNUT Secretary-General Collins Oyuu expressed reservations about the internship programme itself, calling it unfair to treat fully qualified teachers as trainees.
Intern Teachers To Be Confirmed Into PnP Terms
“The issue of interns has been a thorn in the flesh much as it was a stop-gap measure, which we actually support, it is prudent that these teachers become permanent and pensionable especially those who have proceeded for a whole year on internship,” Mr Oyuu said.
In order to secure financing for the permanent and pensionable hiring of the intern teachers, he has requested TSC to press Parliament on their behalf.
Court Declares Intern Teacher Posting To JSS Is Illegal
“They can pay in arrears when the funds are available if the funds to employ the teachers on a permanent and pensionable basis are not available,” stated Oyuu.
The administration of President William Ruto employs 56,000 intern teachers.
CEO and Secretary General of TSC Nancy Macharia additionally disclosed in February that 20,000 additional interns would be hired in July.
Court Declares Intern Teacher Posting To JSS Is Illegal