As schools plan to reopen for first term, the employment and labor relations court (ELRC) has made a landmark ruling prohibiting the Salaries and Remuneration Commission from carrying out job evaluations without involving Early Childhood Development Education teachers or their representatives. The ruling was based on a Petition Number E100 of 2023 filed by the Kenya Union of Pre-Primary Education Teachers (KUNOPPET) and comes as a much needed victory for the entirety of ECDE teachers across the country.
Details of the Judgment
In a judgment delivered on June 20, 2024, Justice Anna Ngibuini Mwaure declared the SRC move to be unconstitutional and upheld that the people must be involved in decision-making processes.
Key Points of the Court’s Decision:
- Ban on Exclusionary Job Evaluation: SRC is prohibited from conducting job evaluations that lock out ECDE teachers or their trade union representatives.
- Scrapping of SRC Circular: The December 10, 2021, circular setting the salaries of ECDE teachers unilaterally was declared unconstitutional, null, and void.
- Quashing of Directives to County Governors: The court also quashed the January 13, 2023 directive by SRC that ordered county governors to align the schemes of service of ECDE teachers with SRC’s job evaluation grading system.
- Future Salary Reviews: Any job evaluation or salary review by SRC excluding the ECDE teachers or their authorized representatives was declared unconstitutional, null, and void.
Legal Basis
The court emphasized that the rule of law should be observed, and to that effect, the public bodies such as SRC had to engage relevant stakeholders including teachers in setting policies that affected them. This judgment reinforces the principle of public participation enshrined in the Kenyan Constitution.
Response by Union and Consequences
Speaking after the ruling, KUNOPPET Secretary General Samuel Opiyo termed the decision as a monumental win for ECDE teachers and all public servants.
“This is a celebrated decision which will ensure that KUNOPPET is involved in the Job Evaluation processes by SRC and in making any salary adjustments affecting ECDE teachers in the country,” Opiyo stated.
The ruling is liable to set a precedent to have other public sector employees involved in decision-making processes where their welfare is concerned.
Impact on ECDE Teachers and Public Service
The judgment provides hope for fair and inclusive salary reviews and job evaluations. Besides, the judgment reinforces the role of trade unions such as KUNOPPET in safeguarding their members’ rights.
For the ECDE teachers themselves, this may open an avenue toward the following:
- Better representations in policy formulation
- Fairer salary structures
- Full recognition of their contributions towards the education department.