Education Cabinet Secretary Fred Matiang'i has been ordered by the Employment and Labour Relations Court to harmonize the salaries of non-teaching staff in primary schools with those of other civil servants.
In a decision made by Labour Court judge Byram Ongaya, Dr Matiang'i was ordered to ensure that the Basic Education Act of 2013, which ensures that salaries are harmonised, was fully implemented.
Judge Ongaya stated that workers who are also employed by boards of management in primary schools to hold a public office were public officers and entitled to benefits like other employees.
"The court finds that institutions established by the national government to undertake such functions are clearly part of public services and they include public primary schools such as the one managed by the respondent," ruled Ongaya.
The court ruling came after 33 non-teaching staff sued Nyeri Primary School Board of Management for failing to give them a pay rise since 2011.
Led by Danson Maina, the employees argued that a 2012 circular by the Ministry of State for Public Service had ordered the re-alignment of salary structures for public servants, but was partially affected by the school.
The court ruled in their favour noting that there was no evidence that the Government had parallel systems placing its employees in different job groups.
It awarded the employees Sh9.6 Million to share amongst themselves and ordered Dr Matiang’i to harmonize the salaries to prevent further lawsuits.
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