The Employment and Labour Relations Court has declared the ongoing teachers strike unprotected.
Judge Monica Mbaru on Friday stated that the teachers' unions had violated the Teachers Service Commission's right.
The court directed that Kenya National Union of Teachers (KNUT) and Kenya Union of Post Primary Education Teachers (KUPPET) respond to TSC's suit by Friday, September 11.
The pay battle has since returned to the courts with both TSC and the teachers' Unions - KNUT and KUPPET - filing suits against each other.
TSC went back to court to challenge the legality of the current strike.
KNUT and KUPPET, on the other hand, filed contempt of court charges against TSC for failing to implement the legally awarded 50-60 pay rise.
On Wednesday, TSC threatened to sack striking teachers if they did not return to class, firmly stating that no payment would be given for time wasted.
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TSC argues that the industrial action by teachers is illegal and unprotected because the unions did not notify TSC of the decision, adding that industrial action is always preceded by a series of procedures that must be fulfilled.
"We only want teachers to return to work as we check with other Government agencies. We can confidently ask teachers to go back to school but we cannot speak about the other matters." she explained.
The teachers' union have since declared their position that they would not resume duty if their improved salaries awarded by the court are not payed.
