Kenya’s Supreme Court has upheld the decision of the Court of Appeal ordering the government to give teachers a 50 percent pay hike.
The Teachers Service Commission (TSC) had argued that it could not afford the increase awarded by the Labour Court and upheld on appeal. But the Supreme Court argued that it had no jurisdiction to hear the case.
“This court lacks jurisdiction to entertain an application challenging the exercise of discretion by the Court of Appeal,” said Justice Smokin Wanjala while delivering the ruling. The pay rise will be backdated to August 1st with the lowest paid teacher to now get the equivalent of around £120 a month. Teachers had threatened to strike if the pay rise is not included in their next salary payment.
Kenya National Union of Teachers (KNUT) Secretary General, Wilson Sossion, welcomed the decision by the Supreme Court saying teachers have been given clean bill of health by all courts in the country.
“Teachers have been awarded justice, the truth has been availed, we’ve won. Now TSC must pay all the arrears. No teacher will resume duty until the pay rise is reflected in the accounts of each one of them,” said Sossion amid cheers from teachers who had gathered to hear the ruling.
The dispute over teachers’ pay goes back 18 years, with a pay deal struck in 1997 only partially fulfilled. The government has not yet reacted and it is still not clear where the new money will come from.
