Court of Appeal has poured cold water on the hopes of thousands of JSS interns who were inching closer to Permanent and Pensionable employment. On Monday the appellate court suspended the Employment and Labour Relations Court Order which had declared internship program illegal. The suspension effectively sustains legality of the teacher internship program until the case is heard and determined. TSC is also under no obligation to convert the currently engaged intern teachers to PnP and is at liberty to engage more in the meantime.
Photo credit: Lucy Wanjiru via Daily Nation
Earlier last month, High Court Justice Byram Ongaya, in his ruling pointed out that the Teacher Service Commission was overstepping their mandate by engaging interns without proper structural and legal backing. He directed the TSC to compensate the tutors for time they had served under the program and confirm them into PnP unless they get contrary orders from a superior bench.
Dissatisfied with the ruling which they claimed will infringe on the children rights to basic education, the commission's legal team launched an appeal against the backdrop of intensive demonstrations staged by the jss interns who demanded that TSC obeys the court orders.
The twists and turns played out in the media and even in the political forays. The bodies on the spotlight were the parliamentary committees in charge of education and budget appropriation. The two House Committees were key in unlocking the dreams of interns.
TSC in their submission, had cited the improbability of implementing the court directives. Their only line of defence was lack of funds to effect the ruling. And how were they going to get the funds? That's how the two House Committees come in. By staging the demos and sustaining the public limelight, the pumped tutors put the two committees on the spot. The Education Committee was to mobilize and lobby the Budget and Appropriations Committee to set aside aside funds in the upcoming fiscal year for the very purpose of confirmation.
Luckily for the interns, the Education Committee led by the Chair Hon. Julius Melly and his Budget Committee counterpart Hon Ndindi Nyoro read from the same script; It's in the public dormain that the ball is definitely in TSC's court as enough financial resources have been 'allocated' for the confirmation of over 46,000. The two gentlemen also urged TSC to immediately begin the confirmation process ahead of the new financial year. But again resources allocation notwithstanding, the independence of the commission gives it the leeway to decide when and who to confirm.
All indicators pointed to July confirmation until the three judge Court of Appeal bench dropped a stinging bombshell. The ruling on suspension of illegality of internship was a huge win for TSC. It also clouds the prospects of PnP employment of interns as the commission will essentially call the shots as it suits best.
The claws of the vibrant 'mogul movement' ( Demonstrating interns) which was on the forefront agitating for better terms, have been clipped with TSC having the last laugh.
The commission had earlier sacked over 700 interns for what they termed professional misconduct. The affected teachers were said to have deserted duty, probably participating in the industrial action. This shocking and intimidating action coupled with the COA decision will effectively leave the JSS teachers hopes of permanent jobs at the mercy of the Teacher Service Commission.
It remains to be a matter of wait and see...
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