TSC Faces Setback as Intern Teacher Roles Deemed Illegal

The Teachers Service Commission (TSC) is facing a potential financial obligation to pay nearly 60,000 intern teachers full salaries for their service.

This development comes after the Employment and Labour Relations Court ruled yesterday that the TSC violated fair labor practices by offering internship positions to qualified teachers who already held teaching licenses.

The court’s decision also casts uncertainty over the future of Junior Secondary Schools just two weeks before the start of the second term.

These intern teachers have been crucial in implementing the Competency-Based Curriculum at Junior Secondary Schools.

In his ruling, Justice Byrum Ongaya stated that the TSC is only mandated to employ qualified and registered teachers, not student-teachers or interns.

He emphasized that the TSC should hire registered teachers under non-discriminatory terms to meet the staffing needs of public schools.

The internship program was originally intended to address teacher shortages and provide teachers for Junior Secondary Schools.

However, the ruling adds to the challenges facing the internship program, including opposition to its extension.

Initially, the internship program was supposed to last for one year before interns were absorbed into permanent and pensionable positions.

However, President William Ruto announced in December that interns would need to serve an additional year before being considered for permanent employment.

During the case, it was revealed that interns were given contracts to teach two subjects but ended up teaching multiple subjects, including sciences and mathematics.

Despite receiving an “intern stipend,” interns had taxes and contributions deducted, including the controversial housing levy.

The case was filed by the Forum for Good Governance and Human Rights on behalf of the interns, highlighting issues such as lack of supervision and being assigned multiple subjects.

Kenya National Union of Teachers (KNUT) welcomed the court ruling as a victory for intern teachers, potentially paving the way for their absorption into permanent positions.

KNUT Secretary-General Collins Oyuu called the internship program unfair to fully qualified teachers and urged TSC to lobby Parliament for funding to absorb interns into permanent positions.

FAQs about the TSC Internship Program Ruling

Q: What is the ruling about?

A: The Employment and Labour Relations Court ruled that the Teachers Service Commission (TSC) violated fair labor practices by offering internship positions to qualified teachers who already held teaching licenses.

Q: How many intern teachers are affected by this ruling?

A: Nearly 60,000 intern teachers hired by the TSC may be impacted by this ruling.

Q: What does this mean for the intern teachers?

A: The ruling may require the TSC to pay these intern teachers full salaries for the period served, instead of the intern stipend they were receiving.

Q: What are the implications for Junior Secondary Schools?

A: The ruling raises concerns about the future of Junior Secondary Schools, as these intern teachers have been instrumental in implementing the Competency-Based Curriculum at this level.

Q: Was the internship program intended to be temporary?

A: Yes, the internship program was initially set to run for one year before interns were to be absorbed into permanent and pensionable positions.

Q: What are the next steps for the intern teachers?

A: The ruling potentially paves the way for intern teachers to be absorbed into permanent positions, but the specifics of this process are yet to be determined.

Q: What is the stance of the Kenya National Union of Teachers (KNUT) on this ruling?

A: KNUT has hailed the ruling as a victory for intern teachers and has urged the TSC to lobby Parliament for funding to absorb interns into permanent positions.