THE Industrial Court yesterday declined to stop the nationwide teachers’ strike now in its sixth day.
Justice Nduma Nderi would not declare the work stoppage illegal and instead called for negotiations, saying compromises had already been reached on almost all of the issues. The stumbling block is teachers’ basic pay, he said.
He ordered Kenya National Union of Teachers secretary general Wilson Sossion, chairman Mudzo Nzili and treasurer Albanus Mutisya to appear before him on Tuesday.
Also directed to appear on the same day for instructions are Kenya Union of Post-Primary Teachers officials, including secretary general Akelo Misori,chairman Omboko Milema and treasurer Mwethi Njenga.
The Teachers Service Commission had moved to court on Thursday evening seeking an urgent order to stop the strike that has paralysed learning in all public schools nationwide.
TSC lawyer Cavin Anyuor said the strike that started Monday was illegal since it began before the seven-day strike notice expired.
Anyuor told the court Knut called the strike while reconciliation talks with the TSC were still going on.
“Your Honour, our talks did not hit a dead end before Knut could call a strike. We adjourned our talks in December and were to resume this January after tabling an offer,” he said.
On Thursday, the TSC said teachers will have to wait for more than eight months for a salary rise, which requires a performance evaluation of each teacher by the Salaries and Remuneration Commission.
Teachers vowed to continue the strike and said they would wait.
Finance Cabinet Secretary Henry Rotich said on Wednesday the government cannot increase teachers salaries in the current financial year.
“There is a plan in place to address the needs of teachers but that will only come into force during the 2015-16 financial year. As sad as it may sound, there is simply no money to make such payments now. It’s the truth,” he said.
TSC lawyer Anyuor said that before TSC could table their offer, Knut and Kuppet issued strike notices. Knut, which has the larger membership, failed to attend a meeting called for January 3, thus scuttling negotiations.
Declaring the strike illegal would not in any way prejudice the unions, he said.
TSC chairperson Lydia Nzomo said teachers who fail to teach will be disciplined.
However, Sossion said she does not have the power to call off a strike and issue back-to-work orders, as her duty is to chair the commission
