Intern Teachers Press TSC for Full Pay After Court Ruling
Teachers who have been employed on contract through a program initiated by the Teachers Service Commission (TSC) in 2019 are now requesting to receive the same full salary as teachers who are permanently employed and eligible for a pension.
The teachers, often called interns, requested a court decision that ruled the commission was violating the law by hiring teachers who had already graduated as interns.
During a press conference in Nairobi, Boniface Omari, a representative of the group, announced that over 50,000 teachers currently working as interns across the country will take legal action to seek payment for their work.
The Forum for Good Governance and Human Rights lodged the case representing the interests of the teachers.
Gossipa2z.com reports that TSC intends to challenge the decision made by Judge Byram Ongaya of the Employment and Labour Relations Court.
“Kindly but urgently do furnish us with a typed copy of the certified proceedings and certified copy of the judgment in this matter to enable us to appeal to the Court of Appeal,” reads a letter by the advocate for TSC Allan Sitima to the deputy registrar of the court.
Teachers who are interns at primary schools receive a monthly salary of Sh15,000, whereas those at secondary schools earn Sh20,000 per month, which the commission considers a ‘stipend’.
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Despite this, they receive a smaller amount after mandatory deductions, such as the newly implemented Housing Levy.
“We have been working as full-time teachers, taking all the lessons that we are required to take. We should be paid fully just like our brothers and sisters who are working on permanent and pensionable terms.
“They are getting over Sh60,000 while we are getting Sh17,000. It is very unfair,” Mr Omari said.
He mentioned that over the past 15 months, primary school interns have been earning a salary of Sh13,000.
Additionally, they seek to be reimbursed for the period they worked under contract with TSC without receiving a salary.
In junior secondary schools (JSS), where the learning process depends significantly on the interns, there could be disruptions if the employer does not address the teachers’ demands.
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“All the contracts signed by over 50,000 teachers are declared by the court illegal, null, and void. The government should pursue TSC to comply with the court’s ruling that all teachers bearing similar qualifications should receive equal pay,” Mr Omari said.
Additionally, the court prohibited the Teachers Service Commission (TSC) from working with interns as it falls outside their scope of authority. Justice Ongaya determined that the commission’s constitutional and legal responsibilities are limited to employing fully qualified and registered teachers.
“We ask TSC to avail themselves, sit with the teachers, and agree on the court ruling compliance timelines. We are also requesting the government through the chair of the Parliamentary Budget Committee MP Ndindi Nyoro to remind TSC that money has been allocated for our immediate confirmation,” Mr Omari said.
TSC extended the teachers’ contracts for another year and announced that their employment will be transitioned to permanent and pensionable terms starting in January 2025.
Intern Teachers Press TSC for Full Pay After Court Ruling