National

Treasury proposes budget cuts for JSS teachers, delays confirmation to permanent positions

Treasury Cabinet Secretary Prof. Njuguna Ndung'u.

By Lucy Mumbi | Thursday, June 20, 2024

The reduction has particularly impacted the 46,000 JSS intern teachers who have been eagerly awaiting their confirmation since 2023.

In a significant setback for Junior Secondary School (JSS) intern teachers, the Treasury has proposed a delay in their confirmation to permanent and pensionable terms.

The proposed deferral comes alongside a substantial budget cut of Sh18.9 billion in the 2024-25 Financial Year, further complicating the financial outlook for these educators.

Keep reading

Treasury Cabinet Secretary Njuguna Ndung’u said that the budget reduction aims to address the country's Sh200 billion deficit.

This follows the decision by Kenya Kwanza Members of Parliament to eliminate some tax proposals from the controversial Finance Bill, 2024.

“The new measures are necessary to manage the deficit,” Ndung’u stated in a letter to the clerk of the National Assembly dated June 19.

The budget cuts also affect the three arms of government including ministries, departments, and agencies.

The reduction has particularly impacted the 46,000 JSS intern teachers who have been eagerly awaiting their confirmation since 2023. The teachers have been protesting since the resumption of classes for the second term, demanding better employment terms.

Although Ndung’u had allocated Sh13.4 billion for the promotion of the teachers to PnP terms in the 2024-25 Financial Year, the Teachers Service Commission (TSC) had originally estimated that Sh16.6 billion would be needed to complete the conversion, resulting in a substantial funding gap.

The National Assembly Education Committee was scheduled to meet with TSC on Wednesday to discuss the matter.

However, last week, the Court of Appeal temporarily halted plans to employ the intern teachers on PnP terms. Justices Asike Makhandia, Sankale Ole Kantai, and Ngenye Macharia suspended the orders issued by the Employment and Labour Relations Court (ELRC) requiring TSC to convert the internships to PnP terms.

As a result, the intern teachers will remain in their current positions until the case, filed by TSC Boss Nancy Macharia-led commission, is heard and resolved. TSC argued that the ELRC orders disrupted its plans, as the funds needed to employ the intern teachers on PnP terms were not allocated.

“The rights of all learners in public schools under Articles 43 and 53 of the Constitution are at risk as the Commission lacks the financial resources to onboard the 46,000 teachers on permanent and pensionable terms,” TSC lawyer Allan Sitima argued.

The Commission maintained that the intern teachers are bound by their contracts, which they signed willingly despite being considered for permanent employment next year.

TSC contended that if their intended appeal succeeds, the case would become irrelevant as new contracts would be issued.

Justice Ongaya had previously declared the intern teachers' contracts illegal but allowed their employment status to continue.

The orders suspending employment will remain until the commission either obtains temporary orders from the Court of Appeal or reaches a compromise. Judge Ongaya had given TSC a three-month grace period to seek intervention from a higher court or to absorb all affected teachers on permanent and pensionable terms.