Intern Teachers To Wait Longer for Permanent Employment
Intern Teachers To Wait Longer for Permanent Employment
The nearly 60,000 teachers that the Teachers Service Commission employed as interns will continue to work under the same conditions. Two weeks ago, the Employment and Labour Relations Court (ELRC) declared their employment contracts to be illegal.
On Friday, a judge did, however, issue an order maintaining their employment status. This is in effect up until the commission reaches a consensus or gets directives from the Court of Appeal that are interim in nature.
Nonetheless, TSC was given a three-month grace period by Judge Byrum Ongaya, during which it could ask for additional judicial intervention or hire all affected educators permanently and pensionable.
The day after Ongaya issued the directions, the Kenya Junior Secondary School Teachers Association (KeJUSTA) sent a letter to its members requesting clarity on the definition of the term “status quo.” It argued that the judge’s interpretation was unclear.
“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,” said Daniel Murithi, secretary general of KeJUSTA.
TSC said that doing so would jeopardize its plans to hire the interns for the next year when it filed a move to temporarily revoke the decision. However, the application suggested that TSC was asking that he make his own conclusions, according to Justice Ongaya. However, he stated that everything will stay the same 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.
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.
But prior to being given consideration for employment, President William Ruto declared in December that the teachers would have to spend an additional year.
The interns were given contracts by TSC to teach two topics, as the court heard the case. But in the end, they were responsible for teaching every topic.
Additionally, there were grievances raised about TSC withholding all government-mandated taxes and contributions—including the contentious housing levy—even though the tutors received a stipend.
The Forum for Good Governance and Human Rights brought the lawsuit on behalf of the interns. It suggested that individuals employed were not under supervision and were expected to handle all issues independently.
“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.
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.
But when he reported to the school on February 7, 2023, he found himself instructing computer science, integrated science, social studies, CRE, health education, and life skills. Oroso claimed that despite his hard work, he was only paid a stipend of Sh20,000.
