Intern teacher Recruitment Declared Illegal By Court

Court Declares TSC Internship Recruitment Illegal

The Teachers Service Commission (TSC) may be forced to compensate 60,000 intern teachers who served on contract illegally.

This emerged yesterday during a court hearing after the Employment and Labour Relations Court (ELRC) found that the commission had violated these Teachers’ rights by subjecting qualified, registered and licenced teachers to this harsh working conditions.

Just two week into reopening, the court’s decision throws the Junior School’s fate into limbo as these teachers may fail to report to school since these teachers have been at the forefront of implementing the Competency based curriculum (CBC) in Junior School.

During the ruling, Justice Byrum Ongaya clearly stated that the TSC mandated is limited to employing qualified and registered teachers but not student-teachers or interns.

“The respondents have not exhibited statutory regulatory or policy arrangements that would entitle the first respondent (TSC) to employ interns. Ideally, the first respondent should employ registered teachers upon terms that are not discriminatory and to meet the optimal staffing needs in public schools,” Justice Ongaya said.

The commission introduced this program to curb the teacher shortage that was witnessed in schools leading to a crash programme that was meant to provide teachers for Junior School.

On top of the internship challenges witnessed was the extension of the contract for intern teachers where the commission and the President stated that they must work for 2 years before they are confirmed on permanent and pensionable terms. This ruling similarly adds another challenge to the implementation of the curriculum.

From the initial agreement signed by the commission and those serving as interns, they were required to work for 1 years after which the commission was to Confirm them on permanent and pensionable terms.

These group of teachers were angry with the commission after they extended the terms of the contract even as their colleagues who graduated after them were given permanent jobs leaving them languishing in internship.

The court found that these teachers were employed to teach two specialized subjects but they are now teaching all the subjects in Junior School including what they were never trained on.

It was also found that these teachers were paid stipends which were also subjected to other statutory deductions including the controversial housing levy from their meagre stipend of Sh. 20,000.

This came to light after this case was filed by the Forum for Good Governance and Human Rights on behalf of intern teachers. In the case, it was found that these teachers were never supervised but we’re left to grapple with all the learning areas in Junior School.

Court Declares TSC Internship Recruitment Illegal

“The second respondent is handling the lives and rights of the children casually as test guinea pigs to confirm whether the CBC, can work. I state this is indeed a worrying state,” the court heard.

An affidavit was file by one of the affected teachers, Oroso Oganga who was sent to Eking Narok Primary School in Kajiado County.

From Oroso, his Degree was indicated Bachelor of Education Arts with Specialization in History and Christian Religious Education which he was supposed to teach.

Oroso decried that upon reporting to school on 7th Feb, 2023, he was made to teach computer Science, Social Studies, Integrated Science, CRE, Life Skills and Health Education.

The teacher was responsible for Administration and management of the class. Despite carrying out all these duties, he was only paid a stipend of 20,000 that was further subjected to statutory deductions.

The court ruling was hailed the Kenya Union of Post Primary Education Teachers (KUPPET) saying it was a significant victory for intern teachers. The Union representatives said this ruling is a milestone for intern teachers to be absorbed.

The Kenya National Union of Teachers (KNUT) Secretary General Oyuu expressed his reservations over recruitment of internship teachers saying it was unfair to subject qualified Teachers as student-teachers.

“The issue of interns has been a thorn in the flesh much as it was a stop-gap measure, which we actually support, it is prudent that these teachers become permanent and pensionable especially those who have proceeded for a whole year on internship,” Mr Oyuu said.

The Secretary General has asked the Parliamentary Education Committee to lobby for funds to aid in confirmation of intern teachers into permanent and pensionable terms.

“If the funds to employ the teachers on permanent and pensionable basis are not available, they can pay in arrears when the funds are available,” Oyuu noted.

The Teachers Service Commission CEO, Nancy Macharia indicated in February a plan to employ another batch of 20,000 intern teachers on top of 56,000 currently employed teachers.