Court to decide fate of TSC JSS intern teachers tomorrow

The fate of teachers employed by Teachers Service Commission (TSC) on internship terms will be decided by the court through a judgement set to be issued tomorrow 1st August 2024.

TSC has on its payroll a total of 46,000 teachers serving on internship terms.

These are 21,550 junior school and 4,000 primary school intern teachers recruited in February 2023. 450 secondary school intern teachers recruited in April 2023. 18,000 junior school and 2,000 primary school intern teachers recruited in September 2023.

However its the junior school intern teachers who went on strike after TSC and the government made an arrangement to extend their internship contract by another one year.

The teachers were calling for their confirmation to permanent terms after serving for a one year contract as outlined in their agreement with TSC.

The interns were uncomfortable with the arrangement to extend the contract. They said they are qualified and registered with TSC and do not understand why they are being treated as those still in college training, getting a stipend, not a salary.

The interns together with the Kenya Union of Post Primary Education Teachers (Kuppet) went to court after TSC breached the initial internship agreement.

Emboldened by a court order issued by Justice Byram Ongaya that TSC should not terminate their contracts over the dispute, the interns did not resume duty when schools reopened in January.

The judge ordered TSC not to terminate internship arrangements until a case filed before him is heard and determined.

“The existing court order affects 21,500 JSS interns, and their failure to report to schools come January 8, 2024, could lead to an educational crisis,” Mr Bornface Omari, a JSS interim leader, who read a statement on their behalf had warned.

He added: “From January, we will down tools to paralyse learning in JSS unless we are employed on permanent and pensionable terms.” 

The teachers said the initial deal was they would serve for only one-year non-renewable contract, as interns before being offered permanent jobs.

They said they do not understand why the deal has been stretched to two years.

The teachers accused the government of trying to coerce them to consent to a new contract contrary to what they signed.

“Many of our members have been called to sign new contracts that we don’t know anything about. We do not understand why we are being pushed to sign those contracts. And we are saying no permanent jobs, no teaching,” said Evans Ochieng, a teacher from Nairobi.

He added: “We have been in court, we have an order and we shall not get back to class.”

The labour court directive issued on December 19, 2023, expressly prohibits TSC and Ministry of Education from altering the provisions of the internship contracts until the legal proceedings are concluded.

The contracts were to end in December 31, 2023. A clause in the contracts states that they are not open for renewal, preventing any attempts to extend the internships beyond January.

However the interns later resumed back to class. TSC issued thousands of show cause letters to those who refused to resume work.

Majority of those who resumed duty had their show cause letters revoked. A total of 742 JSS interns were dismissed after they failed to respond to show cause letters and resuming duties.

This week TSC reinstated the teachers back to payroll after hearing their appeals through the disciplinary panels in counties which ended on 15th July 2024.

JSS intern teachers earn a monthly stipend of sh 20,000/- but they receive around sh 17,000/- after deductions such as Housing levy, NHIF and NSSF.

TSC issued a statement after the interns remained adamant refusing to end the strike that was affecting learning in junior schools.

Below is the statement released by TSC to the public on state of the intern teachers.

PRESS RELEASE ON THE TEACHER INTERNSHIP PROGRAMME.

The attention of the Teachers Service Commission is drawn to media reports on demonstrations by teacher interns. The Commission wishes to state as follows:

i. The Teacher Internship Programme is a national government initiative aimed at providing practical working experience.

ii. The Forum for Good Governance and Human Rights, petitioned the Court challenging the Teacher Internship Programme.

iii. The Court ruled in favor of the petitioner but subsequently stayed the judgement until 1st August, 2024.

iv. The Commission calls upon the teacher interns engaged under the programme to obey the court order and go back to school as teaching  and learning in all public schools formally resumed on  13 May, 2024.

v. The Commission remains committed and responsive to issues affecting the Teaching Service.

DR. JAMLECK MUTURI JOHN, EBS
COMMISSION CHAIRMAN
TEACHERS SERVICE COMMISSION