The Employment and Labour Relations Court on Tuesday temporarily halted the ongoing national teachers strike following a case submitted by the Teachers Service Commission (TSC).
The industrial court slotted the case for a mention on September 5 when the case will be heard to resolve the impasse presented by the teachers strike.
In his ruling, Justice James Rika noted that the orders will remain in place unless varied on the mention date when the court will give an extensive ruling on the matter.
“Pending hearing and determination of the Application inter partes, an order of temporary injunction is granted to the Petitioner(TSC), restraining the Respondent(KUPPET), its officials, members, employees, agents, or other person acting on its behalf, from withdrawing labor and / or commencing, engaging in, participating or continuing to participate in the intended industrial action, set to commence on August 24, 2024, or any other time thereafter,” the judge declared.
The ruling will be a reprieve to students who were stranded at a critical time that their learning remained in jeopardy with the upcoming national examinations set to be written later in the term
This happened even as the Treasury Tuesday released Ksh 13.5 billion meant for teachers salaries as the nationwide strike announced by the Kenya National Union of Post Primary Teachers (KUPPET) continued to paralyze learning.
TSC moved to court after KUPPET union teachers staged protests after the government failed to honor their Collective Bargaining Agreement (CBA) among other issues and abandoned their duties, a move that was set to affect the education sector.
According to the ruling TSC was directed to serve the respondents and all interested parties with the ruling and that the respondents respond within the next seven days from the ruling date.
However the teachers through their union maintained they will continue with the strike until the government responds to all their demands, throwing the direction of education in limbo.
Their counterparts within the Kenya National Union of Teachers (KNUT) had earlier on Sunday withdrawn their industrial action notice saying the move was informed by a decision to give the government more time to address their demands.
“The NEC having considered all options in the developments of these matters and the level of commitment by both the government, the employer and the teachers’ position in driving the Education Agenda has today directed the Secretary General to withdraw the Strike Notice,” Collins Oyuu, the KNUT Secretary General told the media.
This happened even as the Ministry of Education revealed that the money released by the Treasury will cover salaries for the months of July and August.
Education Cabinet Secretary Julius Migos had earlier expressed optimism that a solution would be reached following extensive stakeholder engagement while signaling learners to go to school with the strike notwithstanding.
‘'As the Cabinet Secretary for Education in Kenya, I would like to extend my warmest wishes to all the children as they embark on their journey back to school for the third term. May this term be filled with opportunities for growth, learning, and personal development.’' Ogamba noted.