Court Suspends Employment of 46,000 Intern Teachers by TSC
The Court of Appeal dashed the aspirations of 46,000 intern teachers by prohibiting the Teachers Service Commission (TSC) from hiring them on permanent and pensionable terms.
Justices Asike Makhandia, Sankale Ole Kantai, and Ngenye Macharia decided to suspend the Employment and Labour Relations Court (ELRC) judgments mandating the conversion of internships to permanent roles.
This verdict requires the impacted teachers to continue working as interns until the lawsuit initiated by the commission, chaired by Dr. Nancy Macharia, is resolved.
TSC’s appeal claimed that Justice Byrum Ongaya’s rulings hindered its operations because no funds were granted to permanently engage the intern teachers.
TSC lawyer Allan Sitima claimed that the financial hardship may violate students’ constitutional rights in public schools, as the commission lacks the resources to hire 46,000 teachers on permanent terms.
TSC claimed that the interns were obligated by their contracts, which they had signed with the hope of future employment.
In a similar event, the Kenya Junior Secondary School Teachers Association (KeJUSTA) informed its members that it is seeking clarity on the term’status quo’ as used by Justice Ongaya.
KeJUSTA Secretary General Daniel Murithi advised teachers not to misread the verdict. Justice Ongaya highlighted that the status quo should be maintained until August 1, 2024, to allow for a possible settlement or restructuring among the parties concerned.
The lawsuit, brought forth by the Forum for Good Governance and Human Rights on behalf of the interns, raised various concerns.
It was stated that some interns, despite their qualifications and teaching licenses, were not offered permanent positions.
Furthermore, the intern teachers were required to teach courses other than their expertise, and Justice Ongaya ruled that their contracts were invalid, but he permitted the work status to continue until a resolution was reached.
The TSC initially established the internship program to alleviate teacher shortages in Junior Secondary Schools (JSS) and to aid in the implementation of the Competency-Based Curriculum (CBC).
However, President William Ruto announced an extend of the internship period for another year before contemplating permanent employment. The TSC had also planned to engage these interns on a permanent basis in 2025, but the ongoing legal actions have put that plan in jeopardy.
Intern teachers expressed discontent with their working conditions, which included having to teach numerous topics and handle administrative tasks without appropriate support.
Oroso Oganga, an intern teacher with a Bachelor of Education (Arts) degree, discussed his experience teaching a variety of courses at Eking Narok Primary School, despite his contract requiring History or Christian Religious Education (CRE). He complained that his stipend of Sh20,000 did not represent the workload and obligations he assumed.
READ ALSO: TSC Clarifies Reports of Sacking 7,357 JSS Intern Teachers
In summary, the suspension of employment orders has put intern teachers in limbo, threatening the future of education in Junior Secondary Schools as well as the execution of the CBC.
Despite funding limits, the TSC continues to manage legal obstacles and seeks a settlement that balances the interests of all stakeholders concerned.
Court Suspends Employment of 46,000 Intern Teachers by TSC
