The government hurriedly withdrew its appeal against KNUT and KUPPET, blaming the Supreme Court of showing bias towards the two teacher unions.
Through the Teachers Service Commission (TSC), a government body charged with employing teachers, the government claims the supreme court already has a pre-determined outcome in the case. TSC had appealed a decision by the Supreme Court to support the court of Appeal decision awarding teachers 50-60% pay pending hearing of yet another case by TSC.
However, it appears TSC’s cards have run out.
â€œOn September 2, Justice Jacktone Ojwang directed that the parties appear before the registrar to take a hearing date. Strangely, by an order on the same date, the court directed parties to file written arguments on issues of admissibility within the next seven days.
By issuing the second order, the court has demonstrated to our client its intention to obstruct a hearing of the motion. Given the circumstances, it would be pointless to proceed with the motion,â€ says TSC.
KNUT however dismisses the reasons the government has advanced as flimsy, bordering on abuse of the court process.
â€œGiven your reasons for withdrawal of your motion, our client Knut is opposed to the withdrawal as consent will be to legitimise the unwarranted attack on the Supreme Court. Proceedings in court cannot just be withdrawn informally through a letter by one of the parties,â€ Knutâ€™s lawyer John Mbaluto says.
Education CS Prof Jacob Kaimenyi insists government has no money to pay teachers while Gatundu South MP Moses Kuria has called on the police to arrest KNUT chairman Wilson Sossion of inciting teachers to strike.