Intern teachers demand full salary from TSC after court’s ruling

Teachers who have been working on contract under a programme that was introduced by the Teachers Service Commission (TSC) in 2019 now demand to be paid the full salary paid to teachers employed on a permanent and pensionable basis.

The teachers, commonly referred to as interns made the demand on the back of a court ruling that found the commission in contravention of the law for employing the teachers who have already graduated as interns.

Addressing the media in Nairobi, a representative of the group Boniface Omari said that the over 50,000 teachers who are working as interns across the country will be moving to court again to demand payment for their services.

The case had been filed by the Forum for Good Governance and Human Rights on behalf of the teachers.

Nation has established that TSC plans to appeal the ruling which was made by Employment and Labour Relations Court judge Byram Ongaya.

“Kindly but urgently do furnish us with a typed copy of the certified proceedings and certified copy of the judgment in this matter to enable us lodge an appeal at the Court of Appeal,” reads a letter by the advocate for TSC Allan Sitima to the deputy registrar of the court.  

Intern teachers stationed in primary schools are paid Sh15,000 per month, while their counterparts in secondary schools earn Sh20,000 that the commission terms a ‘stipend’.

They however take home less after statutory deductions, including the recently introduced Housing Levy.

“We have been working as full time teachers, taking all the lessons that we are required to take. We should be paid fully just like our brothers and sisters who are working on permanent and pensionable terms.

"They are getting over Sh60,000 while we are getting Sh17,000. It is very unfair,” Mr Omari said.

He said that for the last 15 months, primary school interns have been taking home Sh13,000.

Further, they want to be compensated for the time that they have served on contract with TSC without salary.

This means that learning in junior secondary schools (JSS) which heavily rely on the interns could be interrupted if the teachers’ demands are not addressed by the employer.

“All the contracts signed by over 50,000 teachers are declared by the court illegal, null and void. The government should pursue TSC to comply with the court’s ruling that all teachers bearing similar qualifications should receive equal pay,” Mr Omari said.

Also, the court bared TSC from further engagement with interns since it is out of their mandate. Justice Ongaya ruled that the constitutional and statutory mandate of the commission only spreads to the employment of duly qualified and registered teachers.

“We ask TSC to avail themselves, sit with the teachers and agree on the court ruling compliance timelines. We are also requesting the government through the chair of the Parliamentary Budget Committee MP Ndindi Nyoro to remind TSC that money has been allocated for our immediate confirmation,” Mr Omari said.

TSC renewed the teachers’ contracts for one more year and has stated that their status will be converted to permanent and pensionable terms in January 2025.