Education

Kuppet to sue TSC over 'unlawful dismissal' of 742 JSS intern teachers

Intern teachers from junior secondary schools in Nairobi take part in a demonstration outside the headquarters of the Teachers Service Commission (TSC) in Upper Hill on May 13, 2024. (Photo: Barack Oduor/EV)

By Lucy Mumbi | Wednesday, June 12, 2024

Kuppet deputy secretary general Moses Thurima explained said TSC's action also breached the Return-to-Work Formula (RTWF) negotiated by the union to resolve the three-week teachers' strike.

The Kenya Union of Post-Primary Education Teachers (KUPPET) have announced plans to sue the Teachers Service Commission (TSC) following the dismissal of 742 junior secondary school intern teachers.

In a briefing on Wednesday, the union said the TSC’s decision to terminate the teachers' contracts violated legal procedures as the teachers were not granted a chance to defend themselves in a disciplinary hearing.

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"You must first be shown the cause of why you should not be interdicted, then you are called to a Committee that will interdict you, then you will be heard again by the Commission and after which in case you are found guilty and dismissed, you will appeal. And that is when they shut the door of employment," Kuppet deputy secretary general Moses Nthurima explained.

He noted that the Commission's action also breached the Return-to-Work Formula (RTWF) negotiated by the union to resolve the three-week teachers' strike.

According to the RTWF, all teachers were to resume duties on June 3, 2024, without facing disciplinary measures for participating in the strike.

Additionally, show-cause letters and dismissal notices were to be rescinded for those who returned to work, restoring normalcy in junior secondary schools.

However, the TSC justified the terminations stating that the 742 teachers did not return to their posts, prompting their dismissal.

Kuppet disputed the claims, asserting that the teachers either returned to their respective schools or attended mandatory 'retooling' centres, and thus should not have been subjected to disciplinary actions.

"Teachers who resumed work on June 3, 2024, either at their respective schools or at the 'retooling' centres had no disciplinary issues ensuing. This is irrespective of whether they replied to show-case letters or not," Nthurima said.

Nthurima further demanded the TSC to reinstate the dismissed teachers and transition all 46,000 intern teachers to permanent and pensionable terms.

"We are asking the Commission to consider their decision that all the teachers should be transited to permanent and pensionable terms. These teachers have served the country for free, and now they want to tell them to go home and condemn them to joblessness without even being heard. The union will not allow this to go on," he said.

All Kuppet branch executive secretaries have been directed to gather information from the affected teachers.

A separate list of teachers who resumed work after June 3, 2024, should also be compiled for further intervention with the TSC.

"Evidence of resumption of work on June 3, 2024, should be submitted by the close of business on Friday, June 14, 2024," Nthurima said.

Kuppet National Secretary Edward Obwocha urged the TSC to reconsider their decision, warning of its potential impact on the teachers' future career prospects.

"We are not even sure whether they will be able to get employment in the future because when a contract is terminated, the TSC might even be telling them in future not to seek a job with us. So it's very unfair," Obwocha said.