428 teachers in Laikipia County have got a rare win against the local government after a court ruled that they deserve a salary increment and that the County should classify the teachers as permanent employees.
A report by People Daily on Wednesday, March 3, indicated that the Early Childhood Development Education (ECDE) teachers had sued Laikipia County through their union, Kenya Union of Pre-Primary Education Teachers (KUNOPPET) for 'unfair labour practice of subjecting them to unstructured contract service.'
The Employment and Labour Relations Court in Nyeri ordered the county government to grant the teachers permanent and pensionable employment.
The court further indicated that the salary for the tutors will be reviewed upwards by the Salaries and Remuneration Commission (SRC) and the difference backdated from November 2016.
Laikipia KUNOPPET Secretary-General Salome Maina noted that the ruling offers the teachers the dignity they deserve.
The County Government had argued in court that it did not have a contract with the teachers and that they had been hired by the defunct Laikipia Municipality.
The judge, however, observed that the teachers had been employed to teach in various public schools across the county. He further noted that evidence was clearly in support of their claims.
“The teachers are controlled and disciplined by the respondents (County) or its agents. The pre-primary education is a constitutionally devolved function of the counties as per Part II of the 4th schedule of the Constitution of Kenya 2010.
"The respondents are therefore entitled to be in charge of ECD education in the County and the (ECD) teachers or caregivers,” ruled the judge.
The ruling will create grounds for other ECDE tutors from other counties to file suits seeking better employment conditions.
