NAIROBI, Kenya, Sep 14 – Teachers participating in the ongoing nationwide strike will not to be paid the September salary, according to the Teachers Service Commission (TSC).
The Commission’s Chairperson Lydia Nzomo while declaring the ‘no work no pay’ verdict said any teacher who has not taught for the last 14 days is deemed to have deserted work.
Addressing journalists at TSC headquarters on Monday, Nzomo cautioned that the payroll will be closed on September 18 and those who will not have resumed duty will be removed from it and their salaries stopped forthwith.
“It will no longer be possible for any teacher to miss work and earn a salary. Therefore, any teacher who has not been on duty for the last 14 days is deemed to have deserted duty,” she asserted.
She however said that at least 22 percent of primary and 54 percent of secondary schools teachers are working.
This comes ahead of Tuesday’s ruling on whether the teacher’s strike which has since been declared by the court as ‘unprotected’ is legal.
“Each teacher has an individual employment contract with the commission and is bound by the provisions of the Constitution, Teachers Service Commission Act and the code of regulations for teachers code of conduct and ethics,” she cautioned.
Nzomo attributed the commission’s move to three measures they undertook to try convince the teachers to resume duty.
First, she said the commission appealed the ruling of the Employment and Labour Relations Court and informed teachers unions and teachers of the same “in writing and through the media. The appeal will come up for hearing on 22nd September 2015.”
Secondly, Nzomo noted that the commission “has communicated to teachers unions, teachers, all stakeholders and the public that it was allocated Sh174 billion in the year 2015/2016 for teachers’ salaries and allowances.”
For the awarded pay increment to be honoured, she said the commission needs an additional Sh99.8 billion in the period between July 1, 2013 and 2017 or Sh20.1 billion every year.
The other reason, Nzomo pointed out that the commission had already sought court intervention and obtained orders from the employment and labour relations court declaring the strike unprotected.
“In spite of these measures, some teachers have continued to boycott work in complete disregard of the law and in contravention of the code of regulations for teachers,” she complained.
“Failure of some teachers to resume work has adversely affected the education of more than 12 million school going children who have a right to be taught.”