Teachers risk disciplinary action as union, commission flex muscle

Individual teachers could now be reprimanded after their union disregarded a return-to-work court order issued on Tuesday.

Kenya Union of Post Primary Education Teachers (Kuppet) yesterday directed its members to ignore the order, as the Teachers Service Commission (TSC) cautioned against absenteeism.

The commission has directed its officers countrywide to collect attendance data that would be used to issue show cause.

Legal Director Cavin Anyuor yesterday told The Standard that the commission had served the union with the order stopping the strike.

“We will be checking for compliance of the order among the members of the union and we expect the union officials to comply,” said Anyuor.

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The Central Organisation of Trade Unions (Cotu) has requested TSC to withdraw the court case. Secretary General Francis Atwoli said this would also allow a resolution to the dispute through a return-to-work formula.

“I am appealing to TSC to make sure that they are in touch with the union today they sign a return-to-work formula. If they don’t do so, eventually there might be victimisation for those teachers who have organized the strike,” he said.

Fresh details indicate that TSC intends to file contempt of court proceedings in response to the union’s defiance.

“We are collecting data on school attendance by teachers. We will also use video clips by the union officials and their press statement on their decision to defy the court order as part of evidence while filing the contempt of court application,” said a senior TSC official.

The commission is emboldened by reports that enhanced salaries have been processed and would be released today in line with the second phase of the 2017-2021 Collective Bargaining Agreement (CBA).

This could leave Kuppet with the sole matter of the junior secondary school teachers.

Kuppet Secretary General Akello Misori accused TSC of bad faith in resolving the strike.

“We cannot use courts to arm-twist and intimidate teachers. Our resolve is premised on the challenges that teachers in this country face,” he said.

Misori said the union would be moving to court to seek an interpretation of the order halting the teacher’s strike, and termed the court order as outdated since the strike had already commenced.

He said order failed to protect those who were already taking part in the industrial action.

“TSC has chosen advisory means to address an industrial relations issue. They have considered themselves to be superior in the matter and must abide by what the law says,” he said.

The strike enters the fourth day today with no progress on negotiations to unlock the stalemate.