CONFLICT
“This means that school administrators can continue mobilising union activities against the interest of learners. This has always been a problem because administrators who are union officials cannot be expected to implement activities like performance appraisals which their union is opposed to,” said Mr Oyucho.
He added that though the TSC will implement the orders to the full, the same orders would enforce an already existing conflict of interest.
“Obviously, you cannot expect a headteacher to discipline a teacher who voted him in as a union official. Many union officials who are headteachers are just interested in protecting their union jobs at the expense of learners and proper school management, he added.
The TSC had gone to court in January to stop Knut from calling for a national strike over transfers of its officials outside their areas of representation, promotions, performance appraisals and the teacher professional development programme. Mr Sossion on Friday praised the judgment and asked the TSC to quickly implement the court’s orders.
According to Knut, teachers who have already attained higher qualifications and whose certificates are already submitted to TSC are entitled to promotions to higher grades without being subjected to any other evaluation.
PERFORMANCE
On performance appraisal tools, KNUT had claimed that these were developed for a pilot project whose report had not yet been availed so as to inform a way forward. But the judge ruled that, clearly, Knut participated in the development of the performance management tools and that the only problem was the validation of the same hence compelled TSC to convene a meeting to find a way forward.
Out of the 317,000 teachers in the country, Knut has about 190,000 members, about 60,000 do not belong to any union while the rest belong to Kenya Union of Post Primary Education Teachers (Kuppet), but who were not part of this case. However, their members will also be affected by the ruling.
PROMOTIONS
Speaking in Bomet Saturday, Mr Sossion demanded that TSC should immediately implement the promotion of 50,000 teachers as directed by the Labour and Employment Relations Court.
“We are ready to immediately engage with TSC on the implementation of the promotions and other related issues as directed by the court. We want the teachers’ employer to set up a meeting as soon as Monday to discuss how to proceed with the matter,” said Mr Sossion.
“From here, we will not take any sideshows by the commission including the information we have of their contemplating to move to court. We do not want to run the teachers’ affairs through law courts any more as the issues have been settled through the labour court,” he added.
Surely teachers needs to be given their rights especially the ECDE teachers. They need to be recognised sooner than soon.