The Kenya Union of Post Primary Education Teachers (KUPPET) has instructed its members to disregard a return-to-work court order issued on Tuesday, which could lead to individual teachers facing reprimands.
The Teachers Service Commission (TSC) has responded by warning against absenteeism, indicating that it will take disciplinary action against those who do not comply with the court order.
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The TSC has instructed its officers across the country to collect attendance data, which will be used to issue show-cause notices to teachers who are absent without a valid reason. These notices are a formal step that could lead to further disciplinary measures, including possible suspension or termination, if the teachers fail to justify their absenteeism.
This situation underscores the tension between the teachers’ unions and the TSC amidst ongoing disputes over pay and working conditions.
Cavin Anyuor, the Legal Director of the Teachers Service Commission (TSC), informed *The Standard* that the commission had officially served the Kenya Union of Post Primary Education Teachers (KUPPET) with the court order that halts the ongoing strike.
Anyuor emphasized that the TSC will be monitoring the union members for compliance with the order and expects the union officials to adhere to the legal directive. This action highlights the TSC’s commitment to ensuring that teachers return to work as ordered by the court and could lead to disciplinary measures against those who defy the directive.
The Central Organisation of Trade Unions (COTU) has urged the Teachers Service Commission (TSC) to withdraw the court case against the striking teachers.
COTU Secretary General Francis Atwoli emphasized that withdrawing the case would pave the way for a resolution through a return-to-work formula. Atwoli expressed concern that if the dispute is not resolved amicably, there could be potential victimization of the teachers who organized the strike.
He appealed to the TSC to engage with the union promptly to sign a return-to-work agreement, which would help prevent any punitive actions against the teachers involved in the industrial action. This intervention by COTU reflects the organization’s desire to see a peaceful resolution to the conflict between the teachers’ unions and the TSC.
The Teachers Service Commission (TSC) is planning to escalate its response to the teachers’ union’s defiance of the court order by filing contempt of court proceedings.
A senior TSC official revealed that the commission is actively gathering evidence to support this legal action, including school attendance data, video footage of union officials, and press statements that indicate the union’s decision to ignore the court’s directive.
“We are collecting data on school attendance by teachers. We will also use video clips by the union officials and their press statement on their decision to defy the court order as part of evidence while filing the contempt of court application,” said a senior TSC official.
This move by the TSC underscores its determination to enforce compliance with the court order, and it could lead to serious legal consequences for the union and its members if found in contempt.
The proceedings aim to hold those responsible for organizing and participating in the strike accountable for disregarding the judicial mandate.
