The petition filed against the teacher's strike by two parents: Valleice Nimtula Wafula and Susan Wangari Muhoro in a case of the two parents versus Knut (Kenya National Union of Teachers) and Kuppet (Kenya Union of Post- Primary schools) was directed for a redraft of the petition thereafter to be served to both unions for the next hearing.
Judge Alfred Mabeya directed this verdict on September 06,2012 at the Milimani Law Courts in Nairobi on the grounds that the petition to block the industrial strike had been overtaken by events as the strike was already ongoing. “I don’t want to commission any order by this court if the order will be disobeyed,” said judge Mabeya. The court is by law directed to charge disobedience of court orders to the defiant(s) of the order with a sentence of a period not exceeding six months in a maximum prison facility.
The petitioners were advised to revise their petition and proceed to court the next day for the mention of their case. Kuppet and Knut will also be expected to have been served with the revised petition before the case proceedings begin.
A deadlock by the Kenyan government and the trade unions prompted this move by the two parents – whose claims can be shared by a big percentage of parents, who have been forced to seek alternatives to cater for the absent learning in public schools. The parents had sought the court’s help to uphold the right of children to education that is structured under Article 53(2) in the new constitution, a situation in which children especially in classes 8 and Form Four would be gravely affected with National examinations just a short period away.
With the 1997 pay package agreement not honored by the Kibaki government, teachers from both unions Knut and Kuppet resulted to an industrial action after board room negotiations with the government represented by the Ministry of Education hit a (brick) wall.
The teachers led by Knut chairman William Sossion and deputy secretary general Xavier Nyamu made true their threat on Monday (September 03, 2012) when they put down their tools and matched to the streets.
The ball now lies squarely in the government's court.It has to fulfill the 1997 gazette agreement of a 300 percent increase for Knut members and 100 percent increase for Kuppet members or risk a prolonged strike and a breach of Article 53(2) of the constitution which upholds the right of children to education.
The three hundred percentage increase translates to an increase of basic salary of a P2 teacher in job group F from Kshs 41,250 to Kshs 74,250 inclusive of allowances. On the other hand a P1 teacher in job group G currently earning a basic salary of 45,279 should earn 81,502 inclusive of allowances. The highest job group R primarily for school principals should earn them a basic salary of Kshs 508,869 inclusive of allowances from their current pay of Kshs 282,705 if the proposed 300 percent increase will be met.
We all know the 300%increase was not going to be feasible..by the advice of the salaries and remuneration commission and inline with the constitution teacher's salaries were increased equally across board like they did with the civil servants
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