A Nairobi court has temporarily halted the ongoing strike by post-primary education teachers, granting an injunction to the Teachers Service Commission (TSC).
The decision comes as a relief to parents and students across the country who have been affected by the industrial action.
Justice James Rika of the Employment and Labour Relations Court in Nairobi issued the order on Tuesday, certifying the TSC's petition as urgent.
The Kenya Union of Post-Primary Education Teachers (KUPPET) has been listed as the respondent, with the Ministry of Labour and Social Protection as an interested party.
The court order prohibits KUPPET, its officials, members, and employees from withdrawing labour or participating in any industrial action until the matter is heard and determined.
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"Pending hearing and determination of the application inter parties, an order of temporary injunction is granted to the petitioner, restraining the respondent, its officials, members and employees from withdrawing labour or participating in industrial action," the court ruled.
The matter will be mentioned again on September 5th.
KUPPET initiated the strike on Monday demanding, among other things, the implementation of their collective bargaining agreement (CBA) with TSC.
The union had previously maintained that its members would not return to work until the CBA was fully implemented.
While the Kenya National Union of Teachers (KNUT) had withdrawn its strike notice on Sunday after reaching a deal with TSC, KUPPET continued its industrial action and maintains it will continue with its industrial action until the government bends to their demands.
Meanwhile, the government has announced that public school teachers will receive their July and August salary increments by the end of this week.
The Ministry of Education has allocated Sh13.5 billion to ensure the timely payment of these arrears, which are part of the 2021-2025 CBA.
Education Principal Secretary Julius Migos Ogamba has urged Kuppet to call off the teachers' strike, stating that the government is committed to addressing all outstanding issues.
He highlighted the release of funds for salary increments and emphasized the government's ongoing engagement with KUPPET to resolve the stalemate.
"As part of implementing the 2021-2025 CBA, the national treasury has released Sh13.5B to ensure public schools teachers are paid their July and August salary arrears by Friday," Ogamba said.
The Ministry of Education has also assured parents of the safety of students who have continued to attend classes despite the strike.
The ministry has promised to address all pending administrative issues through the TSC.
As the court case unfolds, the government and KUPPET are expected to engage in further negotiations to resolve the ongoing dispute and ensure the smooth continuation of education in the country.
The court's injunction provides a temporary reprieve for the TSC and the government, allowing for a legal process to address the teachers' grievances.
The outcome of the case will have significant implications for the education sector in Kenya.