Kenya National Union of Teachers scored big yesterday after they managed to push the substantial hearing of an appeal by three government agencies to next Tuesday.
A three-judge bench also said President of the Court of Appeal Justice Kihara Kariuki would decide whether the case will be heard by a five-judge bench on request of Knut lawyer Ahmednasir Abdullahi.
This means the ongoing teachers’ strike will go on after the judges declined to stay a judgement by Employment and Labour Relations judge Nduma Nderi that triggered the current crisis.
In the afternoon session the three judges—Erastus Githinji, Festus Azangalala and Philomena Mwilu—said there was no time to start main hearings. Before the court are four substantive matters to be argued and determined.
There are three appeals by the TSC, the Salaries and Remuneration Commission and the Attorney General, all emanating from Justice Nderi’s case. There was also a preliminary objection by Knut against the appeal by TSC.
Knut argues that TSC should not be heard because it has not honoured two earlier orders by courts—one by Nderi to pay new salaries by end of August and another by appellate judges directing the TSC to pay teachers failure to which its appeal collapses.
“They (TSC) do not have right of audience,” argued Kioko Kilukumi for Knut. AG Githu Muigai (pictured) wondered why Knut opposed his and SRC’s appeals yet there was no objection to them.
Lawyer Fred Ngatia for TSC accused Knut of approaching the court with a pre-conceived idea on how the case should be decided.
The post TSC appeal on salary award pushed to next week appeared first on Mediamax Network Limited.