The Employment and Labor Relations Court dismissed a case filed by the Kenya National Union of Teachers (KNUT) against the Teachers Service Commission (TSC) on grounds that it lacked grounds for merit.
KNUT, under then Secretary-General Wilson Sossion wanted TSC CEO Nancy Macharia jailed for six months for using the Career Progression Guidelines (CPGs) to promote teachers. 16,000 teachers were promoted whereas 13,000 others missed out.
CPGs stipulate how an entity recruits, retains, develops, trains and promotes employees on the basis of merit, competence and ability.
According to the union, Macharia had disobeyed court orders barring TSC from implementing a circular on appraisals, transfers, promotions, training and union membership.
It further noted that TSC defied orders that required the commission to abandon career progression guidelines (CPGs) issued in 2018.
“Despite being aware of a pending application for contempt, the first contemnor (a person found to have committed contempt of court) has continued to place advertisements and issued circulars for implementation, including applications from suitably qualified candidates through career progression guidelines to fill the vacancies created,” the union argued.
In her affidavit, Macharia defended the commission stating that it promoted teachers in accordance with the provisions of the law.
“The judgement issued on July 12, 2019, was that we would undertake teacher’s promotions in accordance with relevant court orders and the schemes of service with respect to all teachers eligible to join KNUT,” Macharia justified.
The TSC boss said the judgement that dismissed the CPG guidelines only affected the KNUT members but not the other unions - Kenya Union of Post Primary Teachers(KUPPET)and the Kenya Union of Special Needs Teachers(KUSNET).
Both KUPPET and KUSNET had opposed the KNUT's application in support of the TSC.
While delivering judgement on the case, Justice James Rika ruled that the KNUT’s application lacked specificity and was therefore defective.
The judge added that KNUT's lawyers did not explain why Macharia should be condemned to jail.
