The Teachers Service Commission TSC is once again on the radar as another public defendant ‘Omtata’ is threatening to sue it over the low pay for internship teachers.
Mr. Soyinka Lempaa, is the new public defendant after the renown Okiya Omtata.
A former teacher of English and Literature, and currently a practicing Lawyer, Mr. Lempaa has written to TSC seeking information on how the TSC interns pay matrix was arrived at.
The lawyer based his request according to Article 35 of the Constitution of Kenya, 2010 and Section 8 and 9 of the Access to Information Act.
In the letter referenced, ‘Request for Information Regarding Contracts for Employment of Primary and High School TEACHERS’, the lawyer wants the commission to explain how it decided to pay Kshs. 10,000 and Kshs.15000 for Primary and Secondary School Interns respectively.
Did TSC Consult SRC before Employing Teaching Interns?
He also demands to know whether TSC consulted with the Salaries and Remuneration Commission before sticking with the low pay figures for the teaching interns.
The lawyer in the letter questions TSC to know, “why teachers who are as qualified as permanently employed teachers are subjected to such low salaries”.
Lempaa further writes, “Kindly furnish us with the contracts as drafted by you concerning these contracts for our review and further action.”
“Kindly take note (TSC) that the provision of this information is time-sensitive, before the commencement of this arrangement, which we are reliably told would commence in January 2020,” ends the letter.
This is not the first time Mr. Lempaa will be taking the Teachers Service Commission (TSC) head-on.
Lempaa Won Previous Case against TSC in November 2019
Just last month of November, the brave teachers’ lawyer, won a case against TSC over the recruitment age limit.
Mr. Lempaa had sought court orders to lift TSC’s recruitment age limit from 45 years.
In the verdict, the Employment and Labour Relations Court Justice Hellen Wasilwa declared a circular by the Teachers Service Commission (TSC) limiting the age of employment to those below 45 years as discriminatory, unreasonable and unconstitutional.
Who is this Teachers’ Lawyer, Mr. Soyinka Lempaa?
Mr. Soyinka Lempaa is an alumnus of Gatero Secondary where he completed his high school education.
He later joined the University of Nairobi to pursue a Teaching Course in English and Literature.
However, Mr. Lempaa crossed over from Education to Journalism after hos Post Graduate Diploma in Mass Communication Class of 2001 from the same University of Nairobi.
Later, he enrolled at the University of Essex to study International Human Rights Law.
Lempaa has worked as a Journalist with Kenya Broadcasting Cooperation KBC.
He’s currently a practicing lawyer with Mugeria, Lempaa & Kariuki Advocates.
Contents of the Letter written to TSC by Mr. Soyinka Lempaa
Mugeria, Lempaa & Kariuki Advocates, Commissioners for Oaths, Notaries Public & Accredited Mediators
The Secretary,
Teachers Service Commission,
PO BOX Private flag,
Nairobi
2nd December 2019.
Dear Madam,
RE: REQUEST FOR INFORMATION REGARDING CONTRACTS FOR EMPLOYMENT OF PRIMARY AND HIGH SCHOOL TEACHERS
I write this letter pursuant to Article 35 of the Constitution of Kenya, 2010 and Section 8 and 9 of the Access to Information Act.
This letter is in relation to the contract of employing teachers in the Republic of Kenya.
Specifically, we are aware that you are paying primary school teachers Kshs. 10,000 and high school teachers Kshs. 15,000.
Specifically, we would like your commission to provide to us the following information:
a) The rationale that was used to arrive at Kshs 10,000 and Kshs 15,000 for primary and high school teachers respectively as remuneration.
b) Whether the commission, in arriving at the above-stated amounts, and in line with Teachers Service Commission v Kenya National Union of Teachers, Court of Appeal decision, consulted the Salaries and Remuneration Commission.
c) Why teachers who are as qualified as permanently employed teachers are subjected to such low salaries.
Kindly furnish us with the contracts as drafted by you in relation to these contracts for our review and further action.
Kindly take note that the provision of this information is time-sensitive, before the commencement of this arrangement, which we are reliably told would commence in January 2020.
Yours Faithfully,
Lempaa Suiyanka