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Teachers Service Commission v. Simon Kamau &19; others

(2014) JELR 94520 (CA)

Court of Appeal  •  Civil Application Sup 18 of 2013 (Ur10/2013)  •  23 May 2014  •  Kenya

Coram
John Wycliffe Mwera, Jamila Mohammed, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

The history of this matter has its root in the Legal Notice (LN) no. 534 of 1997 which published an agreement between the Government of Kenya (GoK) and the Union of Teachers (KNUT), representing the respondents and others who were employed by the applicant Commission.The agreement raised the teachers’ salaries and allowances. The allowances were pegged on each individual teacher’s salary. The GoK, through the Commission, did not make good its bargain and so the two parties after negotiations entered in another agreement published as LN 16 of 2003. It amended LN 534/1997 whereby the GoK agreed to pay all the dues accruing from 1997 over a period of six years with effect from 2003. Apparently some payments were effected up to 2007 when a further agreement was entered into reducing the period to make payments from six years to five years. Payments were made but there was this group of teachers comprising the respondents who had received only one payment before retiring…

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