TSC has said that thousands of teachers who were supposed to be promoted based on the career progression guidelines might be demoted.
The commission said that it would be forced to restore teachers back to their old job grade and suspend promotions until after July 2020 when the current collective bargaining agreement (CBA) lapses
This follows last week’s court order barring the implementation of the career progression guidelines introduced by the Teachers Service Commission.
The court ordered the commission to revert to the pre-2016 management framework when the current CBAs were signed.
Kenya National Union of Teachers (Knut), who won the case barring implementation of the guidelines, said that they want teachers promotion to be based on merit, professional qualifications, academic, seniority among others.
The union argues that more than 50,000 teachers have acquired higher education qualifications, but have not been promoted since 2014.
In a fresh suit filed at the Employment and Labour Relations Court against Knut, TSC wants the orders temporarily suspended.
Kenya Union of Post Primary Education Teachers (Kuppet) who were most affected in the court ruling said the court ignored other parties in the 2017-21 collective bargaining agreement negotiations three years ago.
Kuppet secretary-general Akello Misori had cautioned TSC against tampering with the promotions even after the ruling.
“Should the commission in complying with the ruling tamper with the gains our members realized in the 2016 CBA — especially the Sh54 billion already allocated for promotions — we will employ all measures available to us, including court action to stop it,” Mr Misori said.
In the 2017-21 deal, more than 160,000 teachers holding administrative positions were to receive new salaries in the second phase of the Sh54 billion agreement signed between the commission and the two unions.
The main beneficiaries would have been principals, chief principals, headteachers, their deputies and senior teachers.