“Despite the above and despite the fact that the parties have in the meantime negotiated and concluded a CBA, it is now clear that the opponent of the first appeal (TSC) did not respect the agreement to withdraw this complaint with respect to the litigation and insisted on continuing with him, in the utmost bad faith and in total disregard of the President,” said Knut`s lawyer, John Mbaluto. In his application to the Court of Appeal, Knut criticized the Teachers Service Commission (TSC) for not revoking the agreement to withdraw all litigation before the courts as a condition for the negotiation and conclusion of the collective agreement (CBA). The collective agreement refers to a written or written agreement between an employer and a union that sets out the terms of employment or provisions relating to the rates of pay, working time or other working conditions of the workers. For more information, see en.wikipedia.org/wiki/Collective_agreement. “It is unacceptable and immoral for the opponent of the first resort to withdraw the withdrawal agreement,” he said, adding that the appeal should be quashed and that TSC should be ordered to pay the costs. According to Commission Director General Nancy Macharia, the 2013-2017 agreement aims to take into account teachers` salaries and allowances and to restore discipline in the education sector. Sossion accused TSC of mismanaging the two 2017-2021 CBA signed by blacklisting the more than 200,000 of its members so that they do not enjoy the benefits of the current agreement. The National Union of Teachers of Kenya has written to the Teachers` Commission asking it to resume membership and respect the collective agreement. Collective bargaining is a fundamental right. It is rooted in the Constitution of the International Labour Organization (ILO) and was reaffirmed as such in the 1998 ILO Declaration on Fundamental Principles and Rights in the Workplace. Through the GA, the State argued that it was obliged to either increase VAT (VAT) from 16% to 22% and increase borrowing, or to suspend critical development programmes and essential services. Kenya`s annual inflation rate fell to 4.2% in June from 4.3% the previous month. It is important to note that in section 191 of the Teachers` Code, “every teacher has the right to fair working practices, as stipulated in the Constitution.” Sossion expressed satisfaction with the new CBA and assured teachers that it would address their concerns and would end strikes to allow teachers to receive quality training.
Therefore, the TSC`s sudden action is to circumvent the proper process of negotiating and developing a new CBA by dragging proposals to SRC, ultra vires and a deliberate attempt by the Commission to provoke teachers. Unions should negotiate for better terms of service, such as free education for children, who belong to teachers in all public schools, and try to focus on the teacher… The previous CBA was designed only for headteachers and D-Prinzipale, which is not fair she said the document provides for better evaluation of teachers to improve the quality of teaching.