AP Photo/Khalil Senosi
Today the Kenyan Court of Appeal nullified the appeal to increase Kenyan teachers pay by 50-60 per cent. The five Court of Appeal judges, James Odek, Erastus Githinji, Festus Azangalala, Philomena Mwilu and Martha Koome said that Justice Nduma Nderi had “acted in excess of his power” when he directed the increase, reported Capital News. The judges said that Nderi ignored the Salaries and Remuneration Commission’s open resistance to the pay increase even though the Commission’s council is binding.
They nullified the appeal due to the Employment and Labour Relations Court not having jurisdiction over the award of the pay increment.
Justice Koome said “the court cannot usurp the powers of a constitutional commission,” reported Capital News.
The Kenya National Union of Teachers (Knut) posted on Facebook that they “now move to seek justice at the highest court, Knut lawyer Paul Muite has echoed the same words.”
Early last month Kenyan teachers returned to schools after striking for five weeks led by KNUT. On September 25, Kenya’s Employment and Labour Relations Court ruled that the teachers striking must return to their schools and suspend their strike for 90 days to enable discussion between the unions and the Teachers Service Commission.