TSC Intern Teacher Posts Deemed Illegal – Implications and Future Prospects.
In a groundbreaking ruling, the Employment and Labour Relations Court (ELRC) has declared the nearly 60,000 intern teacher positions instituted by the Teachers Service Commission (TSC) as illegal. This verdict has far-reaching consequences, potentially compelling the TSC to retroactively pay these interns full salaries for their tenure. The court found that the TSC violated fair labor practices by offering internship positions to qualified individuals possessing teaching licenses, thereby denying them their rightful employment status.
The ramifications of this ruling extend beyond the legal realm, casting uncertainty over the fate of Junior Secondary Schools (JSS) merely two weeks before the commencement of the second term. These intern teachers have played a pivotal role in implementing the Competency-Based Curriculum (CBC) at the JSS level, raising concerns about the continuity and effectiveness of educational initiatives.
Justice Byrum Ongaya, in his ruling, underscored the TSC’s mandate to employ only qualified and registered teachers, emphasizing the lack of statutory, regulatory, or policy frameworks permitting the engagement of interns. This decision challenges the TSC’s approach to addressing teacher shortages through internships and underscores the necessity of employing registered teachers to meet optimal staffing needs in public schools.
The internship program, initially introduced to alleviate teacher shortages, has encountered mounting opposition and legal scrutiny. President William Ruto’s announcement in December regarding the extension of the program exacerbated tensions, requiring interns to serve an additional year before being considered for permanent and pensionable employment. This development has fueled discontent among interns, particularly those witnessing their colleagues transition to permanent positions while they remain in limbo.
The court case, brought forth by the Forum for Good Governance and Human Rights on behalf of the interns, shed light on the challenges and discrepancies within the internship program. Interns found themselves teaching a myriad of subjects beyond their contracted scope, with minimal supervision or support. Despite the demanding workload, interns received meager stipends, further exacerbating their grievances.
Oroso Oganga’s testimony encapsulates the systemic issues plaguing intern teachers. Despite holding a Bachelor of Education degree, Oroso found himself teaching an array of subjects at Eking Narok Primary School, underscoring the disconnect between contractual obligations and actual duties. His testimony underscores the exploitative nature of the internship program, where interns are burdened with responsibilities beyond their expertise and compensated inadequately for their efforts.
The Kenya National Union of Teachers (KNUT) hailed the court’s ruling as a significant victory for intern teachers, signaling a potential pathway for their absorption into permanent positions. However, KNUT Secretary-General Collins Oyuu voiced reservations about the internship program’s fairness, advocating for the expedited transition of interns to permanent and pensionable roles. Oyuu urged the TSC to lobby Parliament for funding to facilitate the absorption of intern teachers, emphasizing the importance of honoring their contributions to the education sector.
With approximately 56,000 intern teachers employed under President Ruto’s administration and plans to hire an additional 20,000 interns in July, the resolution of the internship crisis remains a pressing concern. The TSC faces mounting pressure to rectify the systemic injustices and uncertainties surrounding the internship program, ensuring equitable treatment and opportunities for all educators.
In conclusion, the ELRC’s ruling on the legality of TSC intern teacher posts marks a significant juncture in Kenya’s education landscape. It underscores the imperative of upholding labor rights and ensuring fair treatment for educators while confronting systemic challenges within the education sector. The resolution of the internship crisis presents an opportunity to reformulate educational policies and practices to better serve the needs of teachers and students alike.
