The Court has stopped government’s move to slash nursery school teachers’ salaries by 50 per cent.

The employment and Labour Relations Court halted the plan by the Salaries and Remuneration Commission that would directly affect over 45,000 ECD teachers.

Justice Ann Mwaure in her ruling ordered the government to retain the current salaries until a case filed by Kenya Post Primary Education Teachers (KUPPET) chair Omboko Milemba is heard and determined.

Milemba sued the Salaries and Remuneration Commission (SRC) after it recommended a review of salaries.

The circular affected 45000 Early Childhood Development Education (ECDE) who now risk a 50 per cent pay cut.

“An interim order is hereby issued suspending the implementation of the SRC circular dated December 10, 2021, pending the hearing and determination of this application,” Justice Mwaure ruled.

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In the case, Milemba stated that the SRC circular meant that a nursery school teacher will be earning half their salary, meaning some will get lower salaries than house helpers who earn at least Sh 13,000. He stated that the minimum wage set by the law is at least Sh 13,572.

The court heard that there are 43, 874 ECDE teachers employed by the 47 county governments. Only 14, 919 are permanent and pensionable while the majority- 28955 are on three years contracts.

An ECDE teacher takes home at least 15,000 per month.

The court heard that the circular meant that they will not walk home with Sh7,835 while those who have senior roles and with over 12 years of experience will go home with between Sh15, 224, and Sh19,090 per month.

On January 13 this year, SRC sent a circular to all county governors. It claimed that some of the counties were paying the EDCE teachers above their pay grade.

“It has come to our attention that some counties are paying salaries to ECDE teachers which are way above the salary structure advised by SRC and communicated on December 10, 2021…Recruitment and promotion of ECDE teachers to be undertaken subject to affordability, fiscal sustainability and in line with the approved job description for each role as reviewed,” the circular read in part.

In the case, Milemba argued that nursery school teachers would suffer adding that this is a mockery to men and women entrusted to nurture children from their initial years at school.

He states that SRC never consulted the stakeholders nor did it conduct public participation.

“The applicant avers that performing teachers are motivated teachers; the imposition of this unilateral variation or reduction of their salaries is a huge de-motivator and would have the unforeseen effect of deteriorated standards and quality of education in the early childhood education level in this country,” said Milemba.

Milemba who is also the Emuhaya constituency MP told the court that already some counties have implemented the circular.

The 2022 Kenya Certificate of Secondary Education (KCSE) examiners have now demanded payment of their dues in two weeks.

According to Kenya Union of Post Primary Education Teachers (Kuppet) national chairman Omboko Milemba, the more than 50,000 examiners are yet to receive their monies two months down the line.

Milemba said the Kenya National Examinations Council (KNEC) should pay the dues by the end of this month failure to which they will occupy the council’s office. “The examiners are yet to receive their dues. This is despite the huge sacrifices the examiners made to serve their country in this critical assignment. The assignment came after a heavily-packed school year in which teachers hardly took a break from work,” said Milemba in a statement yesterday.

“We have given the examination council two weeks to settle the bills or face the teachers’ wrath. If the bills are not settled by the end of March, Kuppet will mobilise the examiners to occupy the KNEC head office,” he added. Milemba said that poor conditions have remained unaddressed for so long that examination marking has become a challenge for some of the country’s best teachers. He also stated that the examiners often are pushed to employ different methods of protest before their grievances are addressed.

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Secondary school teachers now want the government to revert a decision to domicile Grade 7 students in primary schools.

KUPPET is calling for a crisis meeting involving stakeholders to discuss the fate of junior secondary learning.

The union SG Akello Misori said it’s not too late to take back the learners to secondary school.

“It is common sense that building more classrooms in secondary schools which already have laboratories is more cost-effective than trying to create whole new infrastructure in primary schools,” Misori said.

Misori explained that the proposal to revert the decision should be treated as an urgent matter.

“If we are to return them to secondary schools which are more equipped then we need to do it before the end of Holliday,” he said.

The union chair Omboko Milemba said all education stakeholders will be engaged on the matter.

Milemba said the main issue facing the Grade 7 transition is lack of teachers.

“We will sit with stakeholders and if worse, we might talk to our teachers and tell them to take some letter with a different payment to teachers Grade 7,” Milemba said.

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Milemba who is also Emuhaya MP said no learning has been taking place.

“Students have no teachers, no books so it’s clear we made a mistake,” he said.

The Kenya Union of Post Primary Education Teachers (Kuppet) has asked Education Cabinet Secretary Ezekiel Machogu to relook into the non-monetary Collective Bargaining Agreement (CBA) that KUPPET signed with the Teachers Service Commission (TSC).

Further, Kuppet wants the Technical and Vocational Education and Training (TVET) tutors be moved back to TSC. The union, during a meeting with Machogu on November 8, noted that following the transfer, the 3,780 trainers were left out of the fourth phase of CBA increments.

The following issues were discussed and are to be concluded by next month during another meeting with the PSs who are soon going to be vetted by Parliament:

1. TVET Trainers to be moved back to TSC
2. New CBA for teachers
3. Capitation for FSE to be increased and send on time
4. Management of co-curricula funds- teachers to be paid rightful per diem and given priority in sponsorship for Championships.
5. Employment of teachers and trainers
6. CBC- funding, involvement of teachers in decision making.

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“The established practice in our democratic governance since 2002 is that every president has given teachers something. President Uhuru Kenyatta gave us the CBA of Sh54 billion. We know what we want from this administration and President William Ruto should be prepared to give it to us,” said Kuppet Chairman Omboko Milemba.

Machogu assured KUPPET that the government was committed to improving the welfare of teachers.

“We are negotiating with the Teachers Service Commission on some of these issues and we expect the Kenya Kwanza government to support our request of raising teachers salaries,” said Machogu.

In 2019, Labour Court judge Nelson Aboudha quashed a decision to transfer the teachers from to PSC, ruling that TSC was the only mandated employer of teachers.

Defending the move, the then Vocational and Technical Training Principal Secretary Kevit Desai urgued that the State was creating a new scheme  of service for technical tutors.

On the CBC, the union urged Machogu to provide the necessary legal framework to ensure a smooth transition to junior secondary schools, saying the Presidential Working Party on Education Reform may not resolve the matter in two months.

However, Machogu assured that the team will provide guidance on the issue in a preliminary report next month.

MPs have called for an immediate stop to the Teacher Professional Development (TPD) courses until proper stakeholders’ consultations are undertaken.

They also want the training fees of Sh6,000 paid by the government and the list of institutions offering the refresher courses expanded.

The details are contained in a report of the National Assembly Education Committee tabled in the House on March 3, just before legislators went for a two weeks’ recess.

“If the Commission is not restrained from implementing the TPD programme, the rights of teachers and stakeholders under Article 232(1)(d) of the constitution stand the risk of being prejudiced,” said Committee chairperson Florence Mutua, who signed the report on March 1, 2022.

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The report follows a petition tabled on October 5, 2021, by Emuhaya MP Omboko Milemba on behalf of representatives of Kenya Union of Post Primary Education Teachers (Kuppet).

In the petition, Milemba raised issues on cost of the programme, selection of institutions to offer the course and whether public participation was done before roll-out.

Kuppet and the Kenya National Union of Teachers (Knut) have argued that even though continuous training sharpens skills, the cost should be carried by the employer.

Proposing suspension of the programme, MPs said: “That the TSC should conduct extensive public participation as required and take to account the views of teachers, trade unions and other stakeholders with a view of building consensus on the programme.”

The proposal is a major setback for the Teachers Service Commission (TSC) that has been trying to professionalise the teaching service.

In their findings, MPs said that teachers are required to pay Sh6, 000 for each module of the TPD.

This means that in an entire teaching career, each teacher will be required to take five modules within 30 years, translating to fees of about Sh180,000.

“This is despite low salary increments for teachers, stagnation in the same job group and the rising inflation rate which has reduced the disposal income of teachers,” reads report.

Mutua argued that TSC has not made public to the teachers and other stakeholders in the education sector, the considerations it based on in arriving at cost per module.

“TSC committed teachers to personally meet the burden of Sh6,000 for each module of the TPD programme without any consultations with teachers,” said Mutua.

The PTD programme targets to benefit all registered teachers in public and private primary, secondary and tertiary institutions in the country.

There are about 750, 446 registered teachers in the country. Of these, 341, 760 are under TSC payroll. Another 170,000 are registered and teaching in private schools. Another 238, 686 teachers are registered but not yet employed.

MPs also revealed that the cost of rolling out the TPD programme is Sh4.5 billion. It, however, emerged that some Sh2 billion had been set aside for the TPD programme.

On institutions offering the courses, MPs said that it was not clear why top universities and institutions did not bid despite having adequate infrastructure network, human resource capacity and experience to successfully run the programme.

TSC, through a competitive process, picked Kenyatta University, Riara University, Mount Kenya University, and the Kenya Education Management Institute to train the teachers.

Mutua said the TPD ought to have been integrated in the ongoing capacity strengthening programmes for teachers on the Competency-Based Curriculum (CBC).

“… to avoid duplication of government effort, waste of public resources and subjecting teachers to bearing the burden of a mandatory programme to achieve a well-coordinated and holistic approach,” said Mutua.

MPs also recommend the enactment of a new law and proposed changes to Article 237 of the constitution and the TSC Act to solve the conflict of interest of the commission being a regulator and an employer.

The committee observed that TSC holds the constitutional and statutory mandate of the employer and regulator with powers conferred by Article 237 of the constitution and TSC Act.

“There is need to establish a separate regulatory agency to remedy conflict of interest,” reads the report.

On public participation, MPs say that they could not ascertain whether public participation was done before roll-out.

“Diverse views and public debate on the programme would have made teachers more aware and prepared for the implementation of the TPD programme as well as improvement of the programme by employer,” reads report.

MPs argue that before the roll out, TSC ought to have conducted extensive public participation on the programme.

“TSC did not involve teachers in the preparation of the policy framework for TPD and its subsequent roll-out, contrary to the mandatory requirements of Article 232(1)(d) of the constitution, despite the fact that teachers are directly affected by the policy,” said Mutua.

TSC argued that TPD is anchored in law under Section 35(2) (a) of the TSC Act that says the Commission shall require every registered teacher to undertake career progression and professional development programmes as may be prescribed by regulations made under this Act.

The Kenya Union of Post Primary Education Teachers (Kuppet), has cautioned Education cabinet secretary George Magoha against entertaining compulsory  drug test among school going children, arguing that the move will violate their rights to privacy.

According to KUPPET, the exercise that began at Maranda School in Siaya County, and which has been backed by Prof Magoha, is an abuse of children’s rights and an affront to privacy of the learners.

Supporting mandatory drug test for high school students has put Magoha on the spot, since other stakeholders too have termed it illegal.

“This act is unprofessional, unconstitutional and illegal. It is also not in line with training of children; it violates Children’s Act and must be stopped,” said Omboko Milemba, the Kenya Union of Post Primary Education Teachers (Kuppet) national chairperson.

Mr Milemba, who is also Emuhaya MP, said children who could not defend themselves should not be subjected to forced drug tests. “Does Magoha consult? Does he even talk to his staff or other Education stakeholders; or even experts in his office? Because if he does, then he should have been told that this is illegal and immoral,” said Milemba, who is also a member of the National Assembly Education Committee.

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He said the government must strengthen guidance and counselling in schools to help children overcome some of their challenges. “Forced tests will make children develop hard line stand and even get hardened. They will adopt bad behavior and challenge teachers that they were cleared of any drug abuse,” said Milemba.

Magoha publicly supported the mandatory drug tests, which has now been adopted by many secondary schools, especially those that had arson cases last term. The CS said the test would help in identifying errant students before isolating them to ensure schools run smoothly.

“The problem we are facing now starts at home. We have children who are being given everything they ask for at home and when they come to school, they expect to get the same treatment,” said Magoha.

Omboko’s arguments have been barked by the national parents’ association chairman, Nicholas Maiyo, who wants the testing stopped immediately and only allowed to give consent in a well-coordinated and managed voluntary exercise aimed at helping children.

“As it is now the mandatory testing in schools is unacceptable and it can be used by some teachers to punish students they wish to victimize,” said Nicholas Maiyo, national parents’ association chairman.

Maiyo said no tests should be done in school and also cautioned that teachers must not force parents to consent to tests. “Let parents decide what they wish for their children and let them do it voluntarily,” Maiyo said.

The duo have been supported by Lawyer Ken Echesa, who maintained the matter would land in court, as it is unconstitutional. “The exercise violates various sections of the Constitution that touch on right to privacy, children’s rights and discrimination, and must be stopped. It is unnecessary intrusion on children’s lives,” said Mr Echesa.

He said mandatory tests, even with negative results, were not beneficial and would likely affect children’d behavior and character. “The government should engage stakeholders such as parents and children to voluntarily participate in the exercise. And it must be aimed at helping children, not to victimise,” said Echesa.

Currently, Kuppet has the highest number of politicians who are doubling up as national office union officials and members of Parliament.

National Chairman Omboko Milemba is the MP for Emuhaya. Assistant National Treasurer Ronald Tonui is the MP for Bomet Central Constituency, while the national secretary gender, Ms Catherine Wambilyanga, is the woman rep Bungoma County. Mr Tonui is a two term MP.

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the push for Kuppet officials to seek elective positions in the General Election will enable them to serve teachers better and also get an opportunity to serve their communities.

The three Kuppet officials being in Parliament has helped teachers more than they could have if they were not MPs, he added. For instance, he said, Mr Milemba has been at the forefront in championing allocation of more funds to the teaching fraternity.

While the Kuppet Constitution does not bar union officials from contesting for political elective posts, critics have accused the officials of neglecting their duties in the union to enter into politics.

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The Kenya Union of Post Primary Education Teachers (KUPPET) has hinted at putting up a multi-million commercial mall that will also host the union’s headquarters. According to the National Executive Board (NEB), the union is planning to buy land which will be used to develop the intended mall.

NEB, under the leadership of the National Chairman and Emuhaya Member of Parliament Hon. Omboko Milemba and Secretary General Akelo Misori, the Union’s head offices will be housed in two upper floors of the mall. The lower floors of the mall after construction will be rented out to other clients, preferably other unions which lack the capacity to put up their own offices.

According to the Board’s plan, the union’s current head offices located at second floor of Nairobi’s NextGen along Mombasa Road will also be rented out after relocating to the new offices in the new mall.

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The union has also applauded its branches for tremendous developments especially those that have established Burial and Benevolent Fund (BBF) schemes and more than 15 branches that have acquired branch buses for members’ services. Several branches have bought land for their permanent offices with Homa Bay and Bomet branches already doing construction work, while Kakamega branch is constructing hostels in a partnership deal with Masinde Muliro University of Science and Technology (MMUST) in Kakamega. While all branches have established welfare programmes, the union’s top leadership has noted that the one in Bomet branch is worth highlighting whereby the branch welfare provides unique benefits to members which include the Token of Retirement Award (TORA) scheme, which provides a dairy cow for every member retiring from the service, Form One shopping worth Sh10, 000 for the top 20 children of members after every Kenya Certificate of Primary Education (KCPE) examination, reimbursement of travel for members attending union activities such as General Assemblies and elections, payment of tuition fees for members studying for Master’s and PhD degrees, and full sponsorship for members training as Kenya National Examination Council (KNEC) examiners; and baby shower for all members when they get children.

The KUPPET Constitution provides that the three national trustees should be elected in the first ADC after the general elections, which was supposed to be held last year but postponed due to the Covid-19 pandemic.

KUPPET Chairman Omboko Milemba, who doubles up as the Mp for Emuhaya constituency differed with his counterpart, Kuppet Secretary Akello Misori during the annual delegates conference held in Eldoret from 17^th -18^th. The two attended the ADC with contrary opinions concerning TPD and how it should be conducted.

While Misori welcomed TPD and even opted to ‘punish’ branch executive secretaries who openly opposed the program, Milemba opposed the program just a few days after it was launched.

Milemba, who had a feeling that teachers are not given the respect they deserve, promised during the ADC to take TSC head on for teachers to be respected and heard. He maintained that even if TPD must be the direction, then let TSC and the government finance it.

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“I accept that TPD is legal from the constitution but the same constitution states that TSC shall facilitate teachers, there is nowhere in the constitution where it is stated that teachers should pay money for the facilitation” Said Milemba.

Finally, it was resolved during the conference that:

1. Talks between KUPPET and TSC over salaries review must be reopened in January 2022.
2. That Government must pay for TPD for teachers to enroll and attend just like smasse and cemastea.

The Delegates held a peaceful election for the positions of three National union Trustees. Those elected were;

1. Jacob Karuraa-Eastern Region
2. Mohammed Ali Bash -Coast/North Eastern
3. Charles Mukhwana-Nyanza/R.Valley/Western

A section of KUPPET branch executive secretaries who are opposed to the punitive Teachers Professional Development (TPD), and who have been missing salaries since October, have now declared that KUPPET National office, led by Mr. Akello Misori, should be sent packing since it is compromised.

These concerns come after Six top KUPPET branch officials were struck off payroll after falling-out with the national office over implementation of TPD programme.

The branch executive secretaries revealed that they have not received their salaries for two months after they wrote to the national office in September, expressing lack of support for TPD, which was introduced by the Teachers Service Commission (TSC) for retooling teachers.

The branch secretaries affected are Mr Sabala Inyeni (Vihiga), Mr William Lengoyiap (Samburu), Mr Shadrack Mutungi (Taita Taveta), Mr Samuel Jasolo (Migori), Mr Robert Miano (Laikipia) and Mr Zachary Nyamboi (Baringo).

The secretaries have maintained that KUPPET needs cleansing for sober leadership to reign.

“All we want is for TSC to pay the Sh6,000 (for training) for the teachers and not force our members to pay from their salaries. For this, we are being victimised and it is time teachers changed our national office that is highly compromised by TSC,” Said Vihiga county ES, Sabala Inyeni.

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Sabala revealed that the head office has also reduced the revenue allocation to their branches. Each branch receives 65 per cent of the union dues deducted from the teachers’ salaries within its jurisdiction.

According to Sabala, the officials had information the procurement process was in favour of the four institutions, adding that the planned retraining will cost up to Sh2 billion.

“We have information there was foul play in selecting the universities. DCI and EACC should investigate this. TSC has 300,000 teachers on its payroll and the plan is keen on netting in money from the cash-strapped employees.”

The officials have termed the move by KUPPET  as intimidation so as not to speak against the TPD and demanded to be reinstated to the payroll. They said they would escalate their plight at the 22nd annual general conference that will be held in Eldoret over the weekend.

Teachers are expected to undertake six training modules (one every five years), failure to which their teaching licences will not be renewed. The training is scheduled to begin when school close next week.

The Kuppet national office supports the TPD modules although some of its members across the country have expressed reservations about the plan. Mt Kenya University, Riara University, Kenyatta University and the Kenya Education Management Institute have been selected to offer the training which will cost a teacher Sh6,000 per module.

“The position we took on TPD training modules was in line with concerns raised by our members. After listening to them, we wrote to the national office informing it about the branch position and that is what we are standing by,” said Mr Jasolo.

Kuppet Secretary-General Akello Misori however dismissed the claims by the branch officials that they have not been paid.

“There is nothing of the sort. All our officials are being paid,” Mr Misori said in a text message.

Mr Lengoyiap said his branch had received a paltry Sh26,000, which is inadequate for office operations and staff salaries.

“They (national union officials) wrote to me. The secretary general said I did not follow some union laws. Now we have not received salaries since October. When we ask, they tell us to take from branch allocations yet this is not salary,” Mr Mutungi said.