The Industrial Court has ordered teachers to go back to work as of Monday 28th September.
The Court through Judge Nelson Abuodha declined to rule that the teachers' strike was illegal.
The judge declared that teachers had a right to strike after their employer, the Teachers Service Commission (TSC) refused to comply with the court's order to pay them the 50-60 percent salary increase.
The Labour Court has suspended the strike for 90 days and directed for dialogue to commence between the warring parties.
It instructed the Labour Cabinet Secretary, the teachers' unions and the TSC to form a conciliatory committee within 30 days inorder to find modalities of paying the tutors.
Judge Abuodha added that if the reconciliation talks failed within the 90 days, teachers could move ahead and lodge a trade dispute.
The court further warned TSC against victimizing the striking teachers and ordered for the payment of the September salaries.
It cautioned against the Can't pay won't pay' attitude stating that it was not helpful and only served to hurt school going children.
The teachers' strike has been on for four weeks now paralyzing learning in public schools countrywide.
Last week Government issued the closure of all schools after the tutors refused to go back to work until the money was in their bank accounts.
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UPDATE: The Ministry of Education has ordered all schools to reopen on Monday, 28th September, 2015. Education PS Belio Kipsang announced new term dates noting that schools would close on 20th November 2015.
