Education

Education Ministry seeks review of 742 sacked JSS teachers

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PS Kipsang emphasised that the issue falls under labour relations and will be addressed by the Ministry of Labour and the Teachers Service Commission.

The Ministry of Education has initiated a review process over the recent dismissal of 742 Junior Secondary School (JSS) intern teachers, Education Principal Secretary Belio Kipsang has said.

Kipsang emphasised that the issue falls under labour relations and will be addressed by the Ministry of Labour and the Teachers Service Commission (TSC).

"I think there is a labour dispute and all such matters have their ways of being dealt with. Even this one will be dealt with within the framework that we deal with the labour issues," he said.

The dismissal of the JSS teachers, following their protests since the reopening of schools for the second term, has sparked significant backlash from unions and leaders.

On May 13, 2024, TSC issued 'show cause' letters to 10,348 JSS teachers, requiring them to justify their absence and return to work within 14 days.

TSC said while 9,606 teachers complied, 742 failed to report back, leading to the termination of their contracts.

However, the Kenya Union of Post-Primary Education Teachers (KUPPET) has formally requested the TSC to reinstate the dismissed teachers, arguing that the termination violated legal procedures as the teachers were not given a chance to defend themselves in a disciplinary hearing.

"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.

Nthurima also pointed out that the Commission's actions breached the Return-to-Work Formula (RTWF) negotiated to end the three-week teachers' strike.

Legal process

Despite the affected teachers not being KUPPET members, Nthurima affirmed the union's commitment to taking the matter to court in the public interest.

The union has issued a 14-day ultimatum for the reinstatement, threatening to pursue legal action if their demands are not met.

Nandi Senator Samson Cherargei also called on the commission to immediately rescind the decision or face the wrath of Parliament.

He asked the TSC to ‘immediately’ embark on the process of employing all the over 46,000 intern teachers on permanent and pensionable terms.

“We call upon TSC to immediately stop the termination of contract exercise and recall all the dispatched letters already in the hands of JSS teachers,” Cherargei said.

He said parliament will summon the management of the commission led by CEO Nancy Macharia, to explain the decision should they fail to rescind it.

The JSS leadership had previously ended their strike after assurances from the government that they would be given permanent employment terms.

They noted that they were waiting for the National Assembly to pass the budget on Thursday, June 13.

JSS National spokesperson, Omari Omari, urged the TSC to release the circular on their confirmation once the budget has been passed.

“After a meeting with JSS county leaders, we arrived at a decision to suspend our demonstrations and wait for Parliament to pass the budget on Thursday. By that date, we should have received communication on the status of the confirmation of the 46,000 teachers," Omari said.

"Please note that this means the strike that began on April 17, has not been called off, but suspended until July 5. By that date, we should have received communication on the status of the confirmation of the 46,000 teachers.”

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