Retired teacher calls for better working conditions for teachers

A retired Kenyan teacher's recent appeal for improved salaries and working conditions for educators highlights persistent challenges within the teaching profession. This article examines the legal framework governing teacher employment in Kenya, focusing on the constitutional mandate of the Teachers Service Commission (TSC), the role of collective bargaining agreements (CBAs) with unions like KNUT and KUPPET, and the influence of the Salaries and Remuneration Commission (SRC). It delves into the statutory provisions and case law that define teacher welfare, remuneration, and dispute resolution, offering insights into the legal avenues available for addressing these critical issues and their implications for legal practitioners.

The recent impassioned plea by Mwalimu Hosea Otulia, a retired teacher from Busia County, for the Kenyan government to enhance teachers' salaries and working conditions, underscores a perennial concern within the nation's education sector. His call, made during a thanksgiving service, resonates deeply with the ongoing discourse surrounding teacher welfare, professional support, and the broader quality of education in Kenya. This sentiment reflects a widespread perception that the terms and conditions of service for teachers often fall short of ensuring a dignified and effective teaching environment.

This article aims to provide legal professionals with a comprehensive overview of the statutory and regulatory landscape governing teacher employment in Kenya. It will explore the constitutional underpinnings of teacher rights, the specific mandates of key institutions such as the Teachers Service Commission (TSC) and the Salaries and Remuneration Commission (SRC), and the role of collective bargaining in shaping teacher welfare. By examining relevant legislation and significant judicial pronouncements, this analysis will illuminate the legal avenues and challenges inherent in advocating for improved working conditions for Kenyan teachers.

The legal framework for teacher employment in Kenya is primarily anchored in the Constitution of Kenya, 2010, which guarantees fundamental labour rights. Article 41 of the Constitution enshrines the right to fair labour practices, including fair remuneration and reasonable working conditions for every worker. This constitutional provision forms the bedrock upon which all other labour laws and regulations are built, ensuring that teachers, as public officers, are entitled to dignified and equitable treatment.

The Teachers Service Commission (TSC) is an independent constitutional body established under Article 237 of the Constitution of Kenya (2010). Its mandate is extensive, encompassing the registration, recruitment, employment, assignment, promotion, transfer, and exercise of disciplinary control over teachers. The TSC Act, No. 20 of 2012, operationalizes these constitutional provisions, outlining the Commission's powers, functions, and responsibilities in managing the teaching service. Furthermore, the Employment Act, 2007, provides general standards for employment relations in Kenya, covering aspects such as written terms of employment, working hours, leave entitlements, and termination procedures, which are applicable to teachers unless specifically overridden by the TSC Act or other teacher-specific regulations. The Labour Relations Act, 2007, is also crucial, as it governs trade unions and collective bargaining, providing the framework for negotiations between teacher unions and the TSC.

The pursuit of better working conditions for teachers in Kenya is largely channeled through Collective Bargaining Agreements (CBAs) negotiated between the Teachers Service Commission (TSC) and teacher unions, primarily the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post Primary Education Teachers (KUPPET). These CBAs are legally binding instruments that define salaries, allowances, and other terms of service. The Salaries and Remuneration Commission (SRC), established under Article 230 of the Constitution and the Salaries and Remuneration Commission Act, 2011, plays a critical role in this process by setting and reviewing the remuneration and benefits for all state and public officers, including teachers. The SRC's mandate is to ensure fiscal sustainability, attract and retain requisite skills, recognise productivity, and promote transparency and fairness in public sector remuneration.

Historically, negotiations over teacher salaries have been contentious, often leading to industrial action and judicial intervention. A notable example is the 2015 salary dispute, where the Employment and Labour Relations Court awarded teachers a 50-60% pay increase. Although the Supreme Court later declined jurisdiction on the matter, the case highlighted the judiciary's role in upholding fair labour practices and the enforceability of court orders against public bodies. The TSC has, over the years, faced challenges in implementing CBAs, with issues such as promotion policies and salary adjustments often becoming points of contention.

Recent developments, such as the 2025-2029 CBA, have seen significant salary increases and enhanced allowances for teachers, particularly for lower-cadre educators. This agreement, costing the government KSh 33.8 billion, reflects a renewed commitment to improving teacher compensation. However, disparities persist, particularly concerning house and commuter allowances in rural versus urban areas, and the recognition of teachers in special needs education. Furthermore, the TSC's Code of Conduct and Ethics for Teachers, 2015, outlines professional standards and ethical behaviour, emphasizing the duty to protect learners and uphold the dignity of the profession, but these regulations do not directly address remuneration or broader working conditions.

Gaps and contradictions often arise in the implementation of these frameworks. For instance, while the Employment Act, 2007, restricts salary deductions to specific conditions, concerns have been raised about unexplained and irregular deductions from teachers' payslips, potentially conflicting with both the Employment Act and the Labour Relations Act. This points to a need for stricter oversight and adherence to established legal and administrative frameworks. The ongoing reforms in career progression guidelines by the TSC aim to simplify promotions and align career growth with performance, addressing long-standing complexities and promoting transparency.

The call for improved working conditions for teachers by Mwalimu Hosea Otulia is a timely reminder of the critical need to continually review and strengthen the legal and policy frameworks governing the teaching profession in Kenya. While the Constitution, the TSC Act, and the Labour Relations Act provide a robust foundation for protecting teacher rights and welfare, the effective implementation of these provisions remains a persistent challenge. The role of CBAs, negotiated with teacher unions and guided by the SRC, is central to achieving equitable remuneration and reasonable working conditions.

For legal practitioners, this landscape presents various opportunities and responsibilities. Advising teacher unions on collective bargaining strategies, representing individual teachers in disputes concerning unfair labour practices or disciplinary actions, and advocating for policy reforms are crucial areas of engagement. Monitoring the implementation of the latest CBA (2025-2029) and any proposed amendments to the TSC Act or related regulations will be essential. The ongoing efforts to streamline career progression and ensure transparency in teacher management indicate a dynamic environment where legal expertise will be vital in safeguarding the rights and promoting the welfare of Kenya's educators, ultimately contributing to a more stable and effective education system.