• Justice Byrum Ongaya stopped the commission from any further disciplinary action on the alleged teachers until the case is heard and determined.
• KNUT argues that the decision by TSC is unreasonable and without due consideration of the affected teachers side of story.
The Teachers Service Commission has been temporarily stopped from sacking 221 teachers for skipping the new curriculum training.
Some teachers were interdicted while others were ordered to show cause why they allegedly opposed the Competency-Based Curriculum.
However, Justice Byrum Ongaya stopped the commission from taking any further disciplinary action on the teachers, until the case is heard inter partes and determined.
In an application, Knut argues that the decision by the TSC is unreasonable and without due consideration of the teachers side of the story.
The teachers' union says a good number of the affected teachers serve in leadership roles in diverse learning institutions. Some are head teachers and deputy head teachers, and are thus critical to the continued peaceful education of schoolchildren.
“The purported disciplinary action meted out by the TSC is in bad faith, intended mainly to settle scores, which it holds against Knut and its members, with the real intention being to undermine the activities and strength the Union through targeting its members and sending panic amongst them,” court documents read.
In an affidavit filed in court, Knut secretary general Wilson Sossion says there are no good reasons to start disciplinary action against teachers.
“Most letters charge teachers either with absenteeism, insubordination or incitement. This is simply not true,” Sossion says.
The nominated MP cites several cases among the 221 teachers, showing they were unfairly targeted.
In one case, the teacher says he had been granted medical leave and he sent his deputy head teacher and three other teachers, but the TSC issued him an interdiction.
One teacher claims he attended the first day of training and missed the remaining two days as he had to attend to a sick child. He has also been issued with a letter of interdiction.
According to the TSC, in 2017, in what was a major change in the education system in Kenya, the proposed system of 2-6-3-3 was launched to replace 8-4-4.
Sossion says in March this year, they compiled a report for the Teachers Preparedness For the Implementation of the Competency-Based Curriculum in Preprimary and Lower Primary Grades in Kenya, which had a raft of conclusions and recommendations. It was shared with the TSC.
“Nevertheless, the TSC went ahead and conducted countrywide training sessions where head teachers and three other nominated teachers from each school would be trained on the same,” Sossion argued.
Knut says TSC is of the view that the union and its members were opposed to the training, which is not the case.