Friday 12th July 2019 saw a big win for the Kenya National Union of Teachers (KNUT), the largest teachers' trade union in Kenya, against the employer, the Teachers Service Commission (TSC) after the Employment and Labour Relations Court ruled in favour of KNUT in a protracted trade dispute concerning teachers’ promotions, appraisal, transfers, training and union membership.
Some of the notable highlights from the Court’s decision include:
- Headteachers, their deputies and teachers who are in management positions are unionisable and can vie for leadership positions in the union.
- Teachers who are in leadership positions in the union should only be transferred within the same geographical location that they represent.
- Appraisal tools should be ready by 1st December 2019, for a roll out in January 2020.
- The Court also dismissed a promotions circular which had limited career progression to those with teachers training certificates.
TSC has indicated that would appeal the Court’s decision.
Oraro & Company Advocates’ John Mbaluto, a Partner in the dispute resolution practice group, was among the lead lawyers acting for KNUT in this matter. John has experience in advising both international and local clients on constitutional law, banking and commercial disputes, employment and labour law, and is also well regarded for advising employee associations and trade unions.
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