Blow to TSC as intern teachers posting to JSS is declared illegal.
The approximately 60,000 instructors who the instructors Service Commission hired as interns have the right to demand that their employer reimburse them for their entire time spent on the job.
This came to light yesterday after the commission was deemed to have violated the workers’ right to fair labor practices by offering them internship positions even though they were qualified and held teaching licenses, according to the Employment and Labour Relations Court (ELRC).
However, the ruling also casts doubt on the future of junior secondary schools, with just two weeks until the second term of classes resumes. The Junior Secondary School’s Competency-Based Curriculum has been implemented mostly thanks to the instructors.
According to Justice Byrum Ongaya’s decision, the commission is only authorized to employ individuals who are competent and registered, so it is not permitted to engage or hire interns or student teachers.
“The respondents have not demonstrated any legislative, regulatory, or policy frameworks that would grant the first respondent (TSC) the authority to hire interns. According to Justice Ongaya, the first respondent should ideally hire registered instructors on nondiscriminatory terms in order to satisfy public schools’ ideal staffing needs.
The initiative was created to address the teacher shortage that was affecting schools, and it also served as a last-ditch effort to supply teachers for junior secondary schools.
But now that the decision has been made, the internship program faces even more challenges, such as strong resistance to its continuation.
The internship program was originally scheduled to last for a year, after which the interns would be permanently hired and eligible for pensions.
But prior to being given the opportunity to choose permanent and pensionable employment, President William Ruto said in December that the teachers would have to serve an additional year.
The interns in the case were given contracts by TSC to teach two topics, the court heard. But in the classroom, they covered everything, even mathematics and the sciences.
While some colleagues were hired on permanent and pensionable terms, others were maintained under the terms of college and university teachers who are placed in schools to train teachers. This infuriated the hired parties at the same time.
Despite the tutors receiving a “intern stipend,” there were allegations that TSC withheld all taxes and government contributions—including the contentious housing levy—from them.
The interns’ complaint was brought by the Forum for Good Governance and Human Rights. It suggested people employed were not given supervision and were instead expected to handle every subject independently.
As test subjects to see if the CBC can function, the second respondent is carelessly treating the lives and rights of the kids. I declare that the current situation is concerning, the court heard.
A supporting affidavit was submitted by one of the impacted instructors. Oroso Oganga described how he was transferred to Kajiado County’s Eking Narok Primary School.
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His degree showed that he had earned a Bachelor of Education (Arts) degree. He said that teaching history or Christian religious education was explicitly stated in his contract with TSC.
But he said that upon reporting to the school on February 7, 2023, he was assigned to teach Social Studies, Computer Science, Integrated Science, CRE, Health Education, and Life Skills.
He claimed that management and administration of the class was under his purview as well.
Despite his workload, Oroso claimed he received a Sh20,000 stipend and returned home.
The court’s decision was welcomed as a major win for intern teachers by the Kenya National Union of Teachers (KNUT) on Wednesday. The decision makes it possible for the interns to be hired on a permanent basis.
KNUT Secretary-General Collins Oyuu voiced concerns regarding the internship program, stating that it is inequitable to consider instructors who are fully certified as trainees.
“The intern problem has been a sore spot, despite the fact that it was a temporary solution that we genuinely endorse. It is wise that these educators get permanent status and pensions, particularly those who completed a full year of internships,” Mr. Oyuu stated.
He has requested that TSC advocate in Parliament for the resources necessary to hire the intern teachers on a permanent and pensionable basis.
According to Oyuu, “if the funds are not available to employ the teachers on a permanent and pensionable basis, they can pay in arrears when the funds are available.”
Under President William Ruto’s leadership, there are 56,000 intern teachers working.
Nancy Macharia, the CEO and Secretary General of TSC, also disclosed in February that 20,000 more interns would be hired in July.
Blow to TSC as intern teachers posting to JSS is declared illegal.