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TSC to battle KNUT in court over dues.

17

Judge dismissed TSC application to have it referred to a reconciliation committee

An attempt by the Teachers Service Commission to have the case for Knut’s dues heard through a reconciliation committee flopped after the judge said she has jurisdiction to handle the matter.

Justice Hellen Wasilwa on Wednesday declined to refer the matter back to the dispute resolution mechanism.

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She, however, directed the parties to file their responses and the matter be heard on September 10.

TSC had argued that the matter was still new and the judge had no jurisdiction to hear it.

Through lawyer Calvin Anyuor, the teachers’ employer argued that in the process of separating the payroll for the two categories of teachers created as a result of the judgment, the commission ran into a technological hitch which affected the deduction of the union dues. The dues will be paid once the system has been restored, they said.

Anyuor said the petition filed by the Kenya National Union of Teachers has raised new issues that need to comply with the procedure provided in the labour laws before it can be taken to court.

He asked the commission to instead embrace an alternative dispute resolution mechanism.

Last week, Knut wanted the TSC compelled to remit union dues that are yet to be availed for two months.

Through lawyer Paul Muite, Knut argued that union activities will be crippled should the trend continue.

“It is not proper to misinterpret the judgment then use that misinterpretation to violate that judgment. We already have orders that TSC should deduct the union dues. We served the orders on TSC but it has not complied,” Muite said.

Lady justice Hellen Wasilwa.

TSC had previously filed an application seeking for suspension of the June 12 judgment, stating the effect it will have on the teachers’ payroll. But the judge declined to grant the orders.

The judgment had the effect of returning Knut members to be managed under the Schemes of Service, while Kenya Union of Post-Primary Teachers (Kuppet) have remained under the Career Progression Guidelines.

Separately, the same court also declined to set aside orders which reinstated Knut SG Wilson Sossion in office. This is after the National Executive Council sought to have the orders vacated.

Justice Wasilwa said she cannot grant the orders exparte and instead ordered NEC to serve Sossion and other parties their application.

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CORONAVIRUS CASES

Live Updates COVID-19 CASES
  • World 19,688,958
    World
    Confirmed: 19,688,958
    Active: 6,327,428
    Recovered: 12,634,725
    Death: 726,805
  • USA 5,112,816
    USA
    Confirmed: 5,112,816
    Active: 2,329,862
    Recovered: 2,618,489
    Death: 164,465
  • South Africa 545,476
    South Africa
    Confirmed: 545,476
    Active: 140,808
    Recovered: 394,759
    Death: 9,909
  • Nigeria 45,687
    Nigeria
    Confirmed: 45,687
    Active: 12,114
    Recovered: 32,637
    Death: 936
  • Kenya 25,138
    Kenya
    Confirmed: 25,138
    Active: 13,607
    Recovered: 11,118
    Death: 413
  • Australia 20,698
    Australia
    Confirmed: 20,698
    Active: 9,100
    Recovered: 11,320
    Death: 278
  • South Sudan 2,450
    South Sudan
    Confirmed: 2,450
    Active: 1,228
    Recovered: 1,175
    Death: 47
  • Uganda 1,267
    Uganda
    Confirmed: 1,267
    Active: 146
    Recovered: 1,115
    Death: 6
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