“Despite the above and the fact that the parties have negotiated and entered into a cost-benefit statement since then, it is now clear that the first respondent (TSC) broke the withdrawal agreement from this appeal with respect to the dispute and insisted on continuing in the greatest bad faith and in total disregard of the President.” Knut lawyer John Mbaluto argued. The Commission unilaterally suspended the CBA with effect from 1 July 2019 and therefore refused the members of Knut, who constitute the majority of teachers, to use the agreement duly signed and registered in the courts, whose registration certificate has not been revoked. “It is ruthless and immoral for the first defendant to withdraw the withdrawal agreement from the cases,” he said, adding that the appeal should be quashed and TSC should be ordered to bear the costs. The Code of Regulations and the Code of Conduct and Ethics of Conduct for Teachers form an integral part of this Agreement. In his appeal to the Court of Appeal, Knut complains that the Teachers Service Commission (TSC) failed to comply with the withdrawal agreement from all court disputes as a precondition for the negotiation and conclusion of the collective agreement (CBA). In the event that the provisions of the KNA should be amended after the signature of the agreement, the parties should comply with them by mutual agreement; in writing and signed by the representatives of Knut and TSC. Any modification and/or modification of the KNA affecting remuneration and benefits was authorized in the opinion of the SRC. This is what the law says, but the teachers` employer broke the procedure and decided to act as a lone ranger – and arbitrarily suspend the CBA. This Agreement is governed by the laws of Kenya. It is expected to remain in force for four years from 1 July 2017. The agreement is expected to remain binding on both sides until a new KNA has been negotiated and signed.
The call was to lift the clouds regarding the legality of the 2015 teachers` strike. (ii) following KNUT`s disruptive experience during the implementation phase of the current 2017/2021 Collective Agreement (CBA), whose life expires on 30 June 2021; The union calls on TSC to respect and abide by labor laws and regulations applicable to CbAs. It is important to bear in mind that article 191 of the Code of Regulations for Adolescents states that “every teacher has the right to fair working practices, as enshrined in the Constitution.” The postponement of the CBA has devastated teachers as their employer continues to deny them promotions, salary increases and other ancillary support services. Teachers` dreams of climbing the career ladder were shattered after the Teachers Service Commission (TSC) issued, until May 2, 2019, a circular that would have abolished the three rosters in the teaching service and replaced it with career Progress Guidelines (CPG) in violation of the CBA. . . .