TSC sues union in contempt case

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PHOTO | ANTHONY OMUYA Kenya National Union of Teachers, (KNUT) chairman Wilson Sossion (right) addresses the media on June 29, 2013. The government wants Knut fined Sh20 million for disobeying a court order.  NATION MEDIA GROUP

By PAUL JUMA pjuma@ke.nationmedia.com
Posted  Thursday, July 4  2013 at  20:20

The government wants Knut fined Sh20 million for disobeying a court order.

Through an application filed at the Industrial Court, the Teachers Service Commission also wants the court to fine all teachers who are still on strike Sh10,000 each and order that the amount be deducted from their salaries.

On July 1, a judge ordered the union to call off the teachers’ strike and participate in negotiations with the government over the dispute.

Although the Kenya Union of Post-primary Education Teachers (Kuppet) heeded the order, Knut refused to end the strike.

The TSC, in a suit filed under certificate of urgency on July 2, has asked the court to allow it to begin contempt of court proceedings against Knut, its chairman Wilson Sossion and acting secretary-general Mudzo Nzili.

If it grants the leave, the court should fine Knut Sh20 million and in default of payment of the fine, the union’s assets should be attached for auction to execute the fine.

The teachers’ employer also wants Mr Sossion and Mr Nzili jailed for six months, and the union prohibited from conducting any activity to promote the strike, either in the media or in private.

“An order of committal to civil jail of the contemnors and their members for inciting, participating in and continuing with their illegal strike is necessary to preserve the dignity of the court in the eyes of the public,” Mr Mwangi Njoroge, a state lawyer, submitted.

The court order is still in force and the defiant actions of the union and its members must be checked so as to save the court from further contempt and ridicule, according to the TSC.

The order required Knut to abandon its hard-line position and go to the negotiation table in good faith. The court also directed all teachers to report back to work by 8am on Tuesday this week.

On Wednesday, Knut agreed to join negotiations with the government. However, its officials walked out and declared that the negotiations had reached a stalemate.

The contempt application had not yet been heard in court.