The Court of Appeal has today issued stay orders against judgement declaring teacher internship programme unconstitutional until case filed by the Teachers Service Commission (TSC) is heard and determined.
The orders were issued by a three bench judge comprising Justice Asike Makhandia, Justice Ngenye Kariuki and Justice Sankale Ole Kantai.
The Commission appealed the judgement which was delivered by Justice Byram Ongaya of the Employment and Labour Relations Court (ELRC) stating that if the judgment is implemented in full, learning in public schools and that it had no financial resources to facilitate compliance with the judgment where it is required to convert 46,000 interns into permanent and pensionable terms since it was not appropriated by the National Assembly in the current Financial Year.
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The ELRC in its judgment delivered on April 17, 2024 declared that TSC contravened the provisions of the constitution when it recruited and employed duly trained and qualified teachers as interns; and that the rights of fair labour practices and remuneration of teachers who were employed as interns were violated.
The court further issued an order prohibiting TSC in future from recruiting and employing student-teachers as teachers and recruiting and employing interns as its constitutional and statutory mandate spreads only to the employment of duly qualified and registered teachers.
By Our Reporter
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