Blow to Intern Teachers as Court of Appeal Suspends Employment Orders

In a setback to 46,000 intern teachers, the Court of Appeal has temporarily halted their hopes of securing permanent and pensionable positions with the Teachers Service Commission (TSC). The ruling, delivered by Justices Asike Makhandia, Sankale Ole Kantai, and Ngenye Macharia, suspends the Employment and Labour Relations Court (ELRC) order that mandated the TSC to transition these interns into permanent roles.

The recent decision highlights the ongoing legal tussle between the TSC and the intern teachers, leaving the latter in a state of uncertainty. The initial order by Justice Byrum Ongaya of the ELRC had offered a glimmer of hope to the interns, promising a stable and secure future. However, TSC’s successful appeal has now deferred this promise.

The TSC, led by Dr. Nancy Macharia, contended that the ELRC’s directive was financially unfeasible, claiming that the necessary funds to accommodate the transition were not allocated in their budget. Allan Sitima, the TSC’s lawyer, underscored the financial constraints, arguing that fulfilling the order would compromise the quality of education provided to public school students.

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“The rights of all learners in public schools underpinned under Articles 43 and 53 of the Constitution are on the verge of being violated as the Commission has no financial resources to onboard the 46,000 on permanent and pensionable terms and conditions,” stated Sitima.

The commission emphasized that the intern teachers had voluntarily entered into their current contracts, which included provisions for future employment considerations. The TSC argued that enforcing the ELRC’s orders would disrupt its operations and lead to unnecessary legal entanglements, especially if their appeal ultimately succeeds.

The current suspension means that the intern teachers must continue in their temporary roles until the case is resolved. The TSC maintains that their appeal, if upheld, would render the ongoing dispute moot, as new contracts would be issued under revised terms.

This development has sparked a mix of disappointment and frustration among the intern teachers, many of whom had anticipated a transition to more secure employment. The protracted legal battle underscores the complexities of educational administration in Kenya, particularly in balancing fiscal responsibility with the welfare of educators.

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As the case progresses, the focus will be on the broader implications for the Kenyan education system, the rights of the teachers, and the responsibilities of the TSC. The outcome will not only affect the 46,000 intern teachers but could also set a precedent for how similar cases are handled in the future.

For now, the intern teachers and stakeholders in the education sector await the final verdict with bated breath, hoping for a resolution that addresses both the financial realities of the TSC and the aspirations of the educators striving for job security.