A five Judge bench of the court of appeal has thrown out the 50-60 pay-rise demands by teachers, dismissing the judgement by Justice Nduma Nderi which awarded the payments as null and void.
The bench, in a majority decision, ruled the trial judge erred in awarding the pay hike and termed his ruling unconstitutional.
Reports indicate that top ministry of education officials were in a celebratory mood following the ruling. Jubilee think tank also welcomed the ruling. However opposition politicians said it was unfair to spend billions on ‘condoms and sex toys” as teachers earn peanuts.
Billionaire businessman Jacob Juma had hinted in November 1st 2015 that the case had already been decided (see his post on Facebook)
According to reliable source, teachers case at the Court of Appeal is a done deal after exchange of shillings 90 million. TSC paid sh90 million to its lawyers to facilitate/fix the case at the Court of Appeal. The aspects to be determined in the case will centre on 3 main triable issues:
1). Did the Learned Judge of the Industrial &Labour Court create his own case instead of dealing with the case that was filed in court;
2). Decision in rem and in personam and finally
3). Role of SRC in determining salaries for public servants as required by the constitution.
These are hefty issues. They require research and reasoning of the late celebrated English Judge, Lord Denning and our own, the late Chief Justice Madan. Judiciary is rotten and justice is peddled to the highest bidder. Feel sorry for the teachers.