TSC Boss Nancy Macharia

Blow to TSC Intern Teachers as Court rules against their push for PnP employment

Intern Teachers employed by the Teachers Service Commission, TSC, have been dealt a big blow over their quest to have their terms of employment changed to Permanent and Pensionable (PnP).

Weeks after the Employment and Labour Relations Court (ELRC) found their employment contracts to be illegal, the court has now directed that the status of their employment should remain. This is until the commission either gets temporary orders from the Court of Appeal or reaches a compromise.

Justice Byrum Ongaya, however, gave TSC a grace period of three months, meaning that it has to seek intervention from the higher court or absorb all the affected teachers on permanent and pensionable terms.

The latest directive has caused uproar among the contract teachers who hold that their terms must be changed to PnP.

In the meantime, TSC moved back to court to suspend the judgment claiming that it would jeopardize its plan to employ the interns next year.

However, Justice Ongaya said the application meant that TSC was asking him to sit on his own judgment.

He however stated that the status quo be maintained until August 1, 2024.

“It is in the interest of justice, it appears to the court that it would be appropriate for the status quo prior to the judgment to be maintained with respect to the findings and orders of court in the judgment, pending a compromise or rearrangement of the affairs between parties or applicants filing appropriate application at the Court of Appeal,” ruled Justice Ongaya.

Ongaya ruled that TSC had violated the right to fair labour practices by giving the teachers internship positions while they were qualified and possessed teaching licenses.

Elsewhere, this writer has discovered that Members of Parliament have been dishing out employment letters at Constituency level. This has caused jitters to the Interns who feel shortchanged. One wondered how a recent graduate would be employed on PnP while others who graduated earlier are still working on Contract.

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See the interview invitation below that was seen by these reporter;

“Following the verification on the TSC merit list, you are hereby invited for an interview on .. at ..cdf office, starting from 8:00am

Bring with you the following documents.

a) National Identity card
b) Certificate of registration as a teacher
c) Diploma / Degree certificate and accompanying transcripts
d) KCSE certificates or it’s equivalent (include certificates for attempt if one re-sat exams)
e) KCPE Certificate or its equivalent (certificate if one re-sat exams)
f) Primary and Secondary leaving certificates and other relevant testimonials
g) National Council of persons with disabilities (NCPWD) card ( where applicable)
h) An affidavit sworn under the oaths and Statutory Declaration Art Cap 15 of the Laws of Kenya to explain the variance in name .
i) Letter of certification of results by KNEC ( where applicable)

SCD…
N/B: Treat this message confidentially, the venue might change.

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