This archive report was first published on 14 July 2019.
On July 14, 2019, the Labour Court delivered a significant ruling in the long-standing dispute between the Teachers Service Commission (TSC) and the Kenya National Union of Teachers (Knut) over several contentious issues.
The main points of contention have been salaries, promotions, transfers, and a new performance appraisal system, which have led to several strikes and a strained working relationship between the union and the employer.
However, in recent times, the disputes have taken a more complex turn, with the two parties engaging in a series of court battles, which is an uncomfortable and avoidable situation.
According to the court ruling, mass transfers of head teachers serving as union officials have been put on hold, and the TSC has been directed to effect promotions based on the existing code of regulations.
The court also shelved the controversial performance appraisal system, which had been a major point of contention between the two parties.
These administrative issues should be resolved through dialogue and agreement, rather than litigation, which can create a poisoned working environment and mistrust.
Transfer and promotion are essential administrative tasks that should not be contentious, but the way they have been handled in the past has been disruptive and poorly communicated.
The court ruling offers an opportunity for clarity in the execution of these tasks, and we advocate for dialogue between TSC and the unions to avert acrimony and promote teaching and learning in schools.
