A three-judge bench with Justice Asike Makhandia, Justice Ngenye Kariuki and Justice Sankale Ole Kantai declared that the Court of appeal granted stay orders against the earlier judgment which declared the teacher internship program unconstitutional till the case filed by the Teachers Service Commission is fully heard and determined.
Background of the Case
The TSC had moved to the Employment and Labour Relations Court (ELRC) when Justice Byram Ongaya had, on April 17, 2024, found an internship program for teaching graduates unconstitutional. In his judgment, Justice Ongaya had already issued an order stating that the TSC had contravened constitutional provisions by recruiting and employing eligible teachers as interns, a blatant violation of their rights to fair labour practices and remuneration.
The ELRC had further restrained the TSC from any future recruitment and employment of student-teachers as interns, arguing that the TSC is constitutionally and statutorily empowered, and only to employ duly qualified and registered teachers.
TSC’s Appeal
The TSC argued that implementing the judgment in total would interfere with learning in public schools and put a heavy financial burden on it. The Commission said it does not have the money to convert 46,000 interns into permanent and pensionable terms as required by the judgment since the same was not appropriated by the National Assembly in the current financial year.
Implications of the Stay Orders
The stay orders by the Court of Appeal only have the effect of stopping the judgment of the ELRC, thereby giving an opportunity to the appeal process of the teacher internship program. This will come as a relief to the TSC, which had expressed doubt about the feasibility and costs of implementing the ELRC’s ruling.
TSC Leadership Response
The stay orders, therefore, brought relief to TSC CEO Nancy Macharia and Chairman Jamleck Muturi, who have insisted that the internship program is necessary for the continuity of education in public schools. The Commission, they said, remains fully committed to fair labour practices while being alive to the existing financial and operational demands.
Next Steps
The case will now go to the Appeal Court, where more arguments and evidence will be taken. This case will mark a future whenever teacher recruitment or employment practices in Kenya are involved, especially as pertains balancing constitutional dictates and practical limitations.