The Teachers Service Commission (TSC) wants the Employment and Labour Relations Court to dismiss an application seeking to block the recruitment of the 70,000 relief teachers.
The Court had barred the recruitment that had already began in some parts of the country after the Trade Union Congress of Kenya (TUC) filed a petition to challenge the move.
However, the teachers' employer now argues that stopping the process was in violation of the constitution, as the right to recruit and employ teachers was provided to the commission by the constitution.
TSC further indicated that the tutors hired on three months contract were not being employed because of the dispute it had with the teachers' unions, but the move was to alleviate shortage of tutors in the country.
The commission also insisted that TUC had no mandate to challenge the hiring of the relief teachers.
Read Also: Court Stops Hiring of 70,000 Teachers
In its application to stop the hiring process, TUC cited that TSC was disobeying court orders that had suspended the five-week industrial action that had crippled learning in public schools and directed the tutors to go back to work.
Kenya National Union of Teachers Secretary General Wilson Sossion, said that TSC was not complying with the Court's directive and was hiring teachers in preparation for the lapse of the 90- day suspension of the strike.
Read Also: Sossion: I have Credible Information that TSC is Disobeying the Court
