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Learning disruption fears as JSS intern teachers demand equal pay

Teachers Service Commission CEO Nancy Macharia. The courts found TSC in contravention of the law for employing qualified graduates as interns under terms that do not meet legal standards. (Photo: TSC)

By Lucy Mumbi | 21 Apr 2024

A recent court ruling by Judge Byram Ongaya found TSC in contravention of the law for employing qualified graduates as interns under terms that do not meet legal standards.

Learning in Junior Secondary Schools (JSS), which heavily depends on intern teachers could face disruptions after more than 50,000 intern teachers demanded for salaries equal to those of their permanently employed peers.

The interns, who were engaged under a programme initiated by the Teachers Service Commission (TSC) in 2019, are pushing for full compensation following a recent court ruling that deemed their employment terms illegal.

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A recent court ruling by Judge Byram Ongaya found TSC in contravention of the law for employing qualified graduates as interns under terms that do not meet legal standards.

The case had been filed by the Forum for Good Governance and Human Rights on behalf of the teachers.

Speaking during a press conference, a representative of the intern teachers, Boniface Omari stated that the educators are set to return to court to secure payment for their services, in line with the Employment and Labour Relations Court's verdict.

Remuneration

"All the contracts signed by over 50,000 teachers are declared by the court illegal, null and void. The government should pursue TSC to comply with the court's ruling that all teachers bearing similar qualifications should receive equal pay," Omari said.

"We have been working as full-time teachers, taking all the lessons that we are required to take. We should be paid fully just like our brothers and sisters who are working on permanent and pensionable terms. They are getting over Sh60,000 while we are getting Sh17,000. It is very unfair."

He said that for the last 15 months, primary school interns have been taking home Sh13,000.

Currently, intern teachers in primary and secondary schools receive stipends of Sh15,000 and Sh20,000 respectively, which are significantly lower than the over Sh60,000 earned by their permanently employed counterparts.

After statutory deductions, which now include the recently introduced Housing Levy, primary school interns take home around Sh13,000—a figure that has remained constant for the last 15 months.

Omari called on the Commission to engage with teachers and set a timeline for adhering to the court's decision.

"We ask TSC to avail themselves, sit with the teachers and agree on the court ruling compliance timelines. We are also requesting the government through the chair of the Parliamentary Budget Committee MP Ndindi Nyoro to remind TSC that money has been allocated for our immediate confirmation," Omari said.

The court also barred TSC from further engagement with interns since it is out of their mandate. Justice Ongaya ruled that the constitutional and statutory mandate of the commission only spreads to the employment of duly qualified and registered teachers.

On the other hand, the Commission plans to challenge Judge Ongaya's decision, requesting for certified copies of the judgment and proceedings for an appeal.

"Kindly but urgently do furnish us with a typed copy of the certified proceedings and certified copy of the judgment in this matter to enable us lodge an appeal at the Court of Appeal," reads a letter by the advocate for TSC Allan Sitima to the deputy registrar of the court.

TSC renewed the teachers' contracts for one more year and has stated that their status will be converted to permanent and pensionable terms in January.