A conflict is brewing between the Kenya National Union of Teachers and the government after the Salaries and Remuneration Commission through its chairperson Sarah Serem, sounded a very strong warning to the Teachers Service Commission against paying teachers who were on strike their July salaries.
The Reporter has learned that the SRC chairperson communicated to the TSC in writing on July 19th, a day after the the Kenya National Union of Teachers (KNUT) signed a deal with the government ending the teachers' strike which had lasted for 24 days.
The move could worsen the already strained relationship between the government and the giant teachers' union.
In the letter, the SRC warned the TSC secretary, Gabriel Lengoiboni, that he will be held liable if he pays teachers who carried on with the strike even after the industrial court ruled that the strike was illegal.
In reference to the period when the teachers were on strike, Serem said it is absolutely unconstitutional to pay for services not rendered.
“Please take note that as a public officer, if you pay or approve the payment of any remuneration and benefits out of public funds contrary to SRC instruction or advise and more so in contravention to court order to resume work, any payment made for the period during which teachers were on strike would be illegal and in contravention of Article 226(5) of the Constitution which places responsibility of public funds on such officer,” reads part of Serem’s letter.
The letter is headlined Industrial action by the teachers in employment of TSC and dated July 19.
The SRC is counting on the constitution's article which states, “If the holder of a public office, including a political office, directs or approves the use of public funds contrary to law or instructions, the person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of the office or not.”
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