The news that over 11,500 teachers who will be recruited and employed by the Teacher's Service Commission will only be suited for permanent and pensionable employment after ten years of service has caused a strong argumentation not only among-st teachers but among the Kenyan lawyers and members of Parliament.
The information that was publicly published by teachers employer Teachers Service Commission in which recruitment of over 6,100 secondary school teachers and another 5,474 teachers for primary school has been strongly contested by Kenyan Lawyers as being in violation to the law.
The Teacher giant union, Kenya National Union of Teachers (Knut) yesterday protested that the commission is putting the new teachers on 10-year probation, in violation of employment laws. This means that if the precept is implemented, newly employed teachers will not see any promotion before Sept 2030.
The documentation further states that the recruited candidates will be authenticated on permanent and pensionable terms following successful conclusion of six months’ of service. This seems like a trial period for testing the abilities of newly recruited teachers, whereby the employees are not included in some contractual benefits.
According to many the employers, the time of period serving to observe the capabilities and behaviour of new workers is roughly between 3 and 6 months. Constitutionally and in accordance to the Employment act, Section 42, no probation is supposed to exceed one year.
It is actually unfair that the same Employer Act empowers employers to end an employee contract on probation period with a notification of just 7 days. The newly introduced recruitment guidelines law of the 2020/2021, denies newly recruited teachers administrative positions and promotions or even gains that comes with career progression.
Kenya National Union of Teachers Secretary General Hon. Wilson Sossion, called it a serious labour catastrophe that will will lead to serious litigation as it is illegal and amounts to suspension of Article 42 of the Constitution and other industrial laws that that protects teachers in their right to fair labour activities.
Honorable Sossion promised to challenge the recruitment clause in court adding that it is not constitutionally fair for a teacher to get employed today then qualify for pensionable and permanent appointment after ten years of service. The member of parliament noted that the teachers employer can not pretend to be redefining laws by illegally introducing industrial practices to subject teachers from gaining career progression benefits.
Last year Suyianka Lempaa, a Nairobi based lawyer successful sued the Teachers Service Commission last year on discrimination grounds. The Court led by Judge Hellen Wasilwa ruled out that 45 years age limit clause that was being introduced to teachers was not only discriminatory but unconstitutional.
Mr Lempaa who has also strongly criticized TSC for the 10-year probation clause now says he will head to court to sue the commission's boss Dr. Nancy Macharia foe contempt. The lawyer argues that that the 10-year probation clause was intentionally inserted to avoid obeying last years court ruling.
Mr Lempaa strongly argues that the clause subjects teachers beyond the stipulated probation period in order to avoid Justice Wasilwa’s ruling.
