NAIROBI, Kenya, Sept 24 – The mention of a petition in which the Teachers Service Commission (TSC) is seeking a review of orders upholding the pay increase awarded to teachers failed to kick off after the Commission’s lawyer failed to show up.
A five judge bench headed by the Chief Justice directed that the matter can only be mentioned in presence of the advocate and directed that the matter will be mentioned on notice.
TSC had filed the petition at the Supreme Court seeking to lift the orders on the basis that they were unable to pay teachers the said amount.
Through its lawyer Stella Ruto, the Commission later wrote a letter to the court to have the case withdrawn on the basis that they lacked confidence in the Supreme Court to hear their plea fairly.
TSC stated that two different orders issued by the top court made it clear that the court does not intend to allow the hearing of the application.
In one of the orders dated September 2, the court directed the TSC, the Kenyan National Union of Teachers (KNUT) and the Kenya Union of Post Primary Education Teachers (KUPPET) to appear before the registrar on September 9 to take a hearing date.
In another order on the same day, the court directed the parties to file submissions within seven days and on the basis of the submissions, it would make appropriate orders.
The Commission had pointed out that by issuing the second order, the court has demonstrated its intention to obstruct a hearing of the motion.
Through its lawyer, TSC has stated that given the circumstances, it would be pointless to proceed with the motion.
The Supreme Court had earlier declined to stop Court of Appeal orders requiring the TSC to pay a 50 to 60 per cent pay rise to teachers, saying the commission had not filed an appeal before it.
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