Mombasa intern teachers urge EACC to probe TSC as strike enters second week

Mombasa Junior Secondary School teachers now want the Ethics and Anti-Corruption Commission (EACC) to investigate the Teachers Service Commission (TSC) for allegedly violating their rights to employment as the teacher intern strike enters its second week.

While protesting on Monday, the teachers lamented that employment is their right and not a favour from the government. They were adamant that they would not return to class until the commission heeded their demand to hire them on permanent and pensionable terms.

EACC was urged to rely on the April 18, 2024, ruling issued by the Employment and Labour Relations Court (ELRC), stating that TSC had violated the intern teachers' right to fair labour practices by hiring them under intern status despite their qualifications and possession of teaching licences.

“Children need to be in school to be taught by teachers, and therefore, teachers need to be remunerated well. We ask the Ethics and Anti-Corruption Commission (EACC), established under Article 79 of the Kenyan Constitution, to probe the Teachers Service Commission (TSC). We also ask the office of the Attorney General, established under Article 156, to protect the public interest. Additionally, we request the office of the Director of Public Prosecution (DPP), established under Article 157, to uphold and protect the rights of Kenyans,” one of the teachers said.

“We are young and we are youth. Being youth, we are protected under Article 55 of the Kenyan Constitution and we need access to employment. Employment is not a favour from the government but our right.”

Justice Byram Ongaya of the Employment and Labour Relations Court (ELRC) ordered TSC to halt the recruitment or retention of interns or student teachers, asserting their primary role should be employment rather than training.

“The respondents have failed to show statutory, regulatory, or policy arrangements that allow the first respondent (TSC) to employ interns. Ideally, the TSC should hire registered teachers on fair terms to fulfil optimal staffing needs in public schools,” Justice Ongaya ordered.

Speaking on Sunday at ACK DL St. Mark's Preparatory School in Nandi East during an inter-denominational service and choir competition, Parliamentary Education Committee chairman Julius Melly appealed to the teachers to end their weekly demonstrations and instead return to class as their concerns were being addressed.

He disclosed that the government plans to grant 26,000 Junior Secondary School (JSS) intern teachers permanent and pensionable status in the next financial year, starting in June 2024.

Melly added that JSS intern teachers currently hired on contract will be absorbed by the Teachers Service Commission (TSC) as funds have been allocated by Parliament.

“Parliament has allocated TSC a fund to hire 26,000 JSS interns permanently. The remaining will be absorbed in subsequent years, so we need them to be patient,” he added.

He revealed that his committee accepted the National Treasury’s explanation of why it could not absorb all JSS interns, stating that the process would face serious financial constraints.

Additionally, he noted that a new group of 20,000 JSS intern tutors will be hired on one-year contracts once the 26,000 are employed to help address the significant teacher deficit in Kenyan schools.

"The government, through the Public Service Commission, will hire 2,000 TVET trainers in the coming financial year. The country currently has a shortfall of 116,000 teachers, and the government is committed to easing the pressure on parents by contracting teachers as they wait to be absorbed,” Melly said.

The MP, however, argued that the Kenya Kwanza administration was spending Sh1.1 trillion in revenues to service debts incurred by the previous administration.