Court Strikes Down Intern Hiring Policy

Court Strikes Down Intern Hiring Policy

Court Strikes Down Intern Hiring Policy

The Teachers Service Commission (TSC) was found to have hired interns as teachers in violation of its legal authority, according to a court decision this week by Justice Byrum Ongaya. This ruling dealt a serious blow to the education sector, which is about to begin the JSS phase in two weeks.

Junior Secondary Schools’ (JSS) future is in doubt due to the Employment and Labour Relations Court’s (ELRC) historic decision regarding interns, which calls into question the legitimacy of hiring intern teachers—who are essential to the new Competency-Based Curriculum (CBC).

Since the TSC found that the teachers’ rights to fair labor practices had been violated, the ruling implies that nearly 60,000 teachers who were hired as interns at the beginning of their careers may now be eligible for full salaries retroactively for the duration of their service. Justice Ongaya’s decision also made clear that employment should not be concealed in order to avoid legal and constitutional protections.

“Employment is a fact established by evidence,” said Justice Ongaya, “and disguising employment as an internship to escape the effect of employment laws cannot pass the chains of social justice in employment or work relationships.”

The decision has significant immediate ramifications and raises questions about whether schools will be equipped to welcome students for the upcoming term with enough teachers. The internship program has been used by the TSC to rapidly expand the JSS workforce under the new CBC and address the ongoing teacher shortage.

Under President William Ruto’s leadership, the government’s strategy has been centered around the intern program, which was established to address a long-standing teacher shortage. It has, however, come under fire and been the target of legal challenges, especially in relation to the conditions of employment and the extension of intern terms.

President Ruto extended the internship period in December, delaying thousands of teachers’ access to permanent and pensionable positions. This action infuriated stakeholders and educational professionals even more.

It was discovered during court proceedings that interns were actually teaching a full curriculum, including science and math, despite only being hired to teach two subjects. This further complicates their employment status as “interns.”

Moreover, it emerged that despite receiving only an intern stipend, full taxes and government contributions, including the controversial housing levy, were deducted from their payments.

The government’s use of students as “test guinea pigs” to test the new CBC system worries the court, which also criticizes how the quality of education and children’s rights are handled.

The TSC and other respondents, including the Attorney General and the Cabinet Secretary for the Ministry of Education, were accused of failing to provide a legal framework for the hiring of interns in the case, which was brought forward by the Forum for Good Governance and Human Rights.

Looking ahead, TSC CEO and Secretary General Nancy Macharia had stated in February that the organization planned to hire 20,000 more interns by July; however, this plan is now in jeopardy due to the court’s ruling.

Two weeks prior to the start of the second term of classes, the Ministry of Education and TSC have yet to offer a solution.