Court Declares That Posting Intern Teachers to Junior Schools Is Illegal.
Court Rules That It Is Illegal for Intern Teachers To Post on JSS. The approximately 60,000 teachers who worked as Teachers Service Commission interns have the right to claim payment from their employers for the full time they were employed.
This came to light yesterday, when the commission was found to have violated their right to fair labor practices by granting them internship job although they were qualified and held teaching licenses, according to the job and Labour Relations Court (ELRC).
But with the second term of courses starting in just two weeks, the ruling also raises questions about the viability of junior secondary education. Teachers at the junior secondary school have been largely in favor of the competency-based curriculum’s introduction.
In his ruling, Justice Byrum Ongaya stated that the commission’s hiring power is limited to individuals who are competent and registered.
“If the respondents had demonstrated statutory regulatory or policy arrangements,” the first respondent (TSC) would have the right to hire interns. Justice Ongaya states that the first respondent should ideally hire registered instructors on nondiscriminatory terms in order to meet the best staffing needs in public institutions.
The effort was started not just as a crash program to provide teachers for junior secondary schools, but also to alleviate the teacher shortage that was affecting schools.
Court Rules That It Is Illegal for Intern Teachers to Post on JSS
To the plethora of problems that have beset the internship program, the decision adds a great deal of opposition to the program’s expansion.
The original plan was for the internship program to last for a year, after which the interns would be hired on a permanent and pensionable basis.
But before the instructors can be given consideration for permanent and pensionable employment, President William Ruto declared in December that they would need to serve an additional year.
The interns were given contracts by TSC to teach two topics, as the court heard the case. But in the classroom, everything was covered, including arithmetic and science.
Those who were employed were also resentful that some of their colleagues had been hired on permanent and pensionable conditions, while they had been retained under the terms of college and university instructors who are placed in schools to gain teaching experience.
Court Rules That It Is Illegal for Intern Teachers to Post on JSS
There were allegations that TSC withheld all taxes and government contributions, including the contentious housing levy, even though the tutors received a “intern stipend.”
The Forum for Good Governance and Human Rights brought the lawsuit on behalf of the interns. It suggested that individuals employed were not under supervision and were expected to handle all issues independently.
The children’s rights and lives are being carelessly handled by the second respondent as test subjects to see if the CBC can function. I declare that this is a concerning situation, the court heard.
Teachers’ Affidavits Affected
An affidavit supporting the case was filed by one of the impacted teachers. According to Oroso Oganga’s account, he was sent to Kajiado County’s Eking Narok Primary School.
According to his degree, he earned a Bachelor of Education (Arts) degree. He said that it was stipulated in his contract with TSC that he was only allowed to teach history or Christian religious instruction.
He did, however, add that he ended up teaching computer science, integrated science, social studies, CRE, health education, and life skills when he reported at the school on February 7, 2023.
He claimed that he was also in charge of the class’s management and administration.
Oroso said that he received a Sh20,000 payment to take home despite working nonstop.
The Kenya National Union of Teachers (KNUT) celebrated the court decision on Wednesday, calling it a major win for student teachers. The decision opens the door for the interns to maybe be hired on as permanent employees.
Collins Oyuu, the secretary-general of KNUT, voiced concerns regarding the internship program and said it was unjust to consider instructors who were fully certified as trainees.
Confirmation of PnP Terms for Intern Teachers
“We genuinely support the temporary solution, but the intern problem has been a sore spot. It is wise that these teachers become permanent employees with pensions, especially those who have completed a full year of internships,” Mr. Oyuu stated.
He has asked TSC to lobby Parliament on their behalf in order to obtain funding for the intern teachers’ permanent and pensionable employment.
Court Rules That It Is Illegal for Intern Teachers to Post on JSS
“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,” said Oyuu.
President William Ruto’s administration has 56,000 intern teachers working for it.
Additionally, TSC CEO and Secretary General Nancy Macharia revealed in February that an additional 20,000 interns would be hired in July.
Court Declares That Posting Intern Teachers to Junior Schools Is Illegal.