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TEACHERS SERVICE COMMISSION (TSC) V. KENYA UNION OF TEACHERS (KNUT), KENYA UNION OF POST PRIMARY EDUCATION TEACHERS (KUPPET), SALARIES AND REMUNERATION COMMISSION (SRC ) & HON. ATTORNEY GENERAL

(2015) JELR 94795 (CA)

Court of Appeal  •  Civil Appeal 196, 195 & 203 of 2015 (Consolidated)  •  6 Nov 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Martha Karambu Koome, Festus Azangalala, Philomena Mbete Mwilu, James Otieno Odek

Judgement

JUDGMENT OF GITHINJI, J.A

[1.] The three consolidated appeals are brought against the judgment of Mathews Nduma Nderi, J. given on 30th June 2015 sitting in the Employment and Labour Relations Court wherein he allowed the 1st and 2nd respondents’ (Unions) claim against Teachers Service Commission (TSC) for increase of basic salary and allowances. The proceedings were instituted by TSC against the unions as Petition No. 3 of 2015 against the unions seeking various orders and declaration in respect of a strike commenced by the unions and the teachers with effect from 5th January 2015. TSC had also filed an application for interlocutory injunction pending the hearing of the petition. However, when the application for injunction came for hearing, the petition was converted to economic dispute (basic pay and allowances increment) in which the unions became the claimants and TSC the respondent. The Salaries and Remuneration Commission (SRC) and the Attorney General became 1st and 2nd interes…

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