Uhuru interfered with case, say unions

The two teachers’ trade unions have accused President Kenyatta of interfering with the independence of the courts.

In the Court of Appeal, the Kenya National Union of Teachers (Knut) and the Kenya Union of Post Primary Education Teachers (Kuppet) on Tuesday took issue with the President’s speech to nation on Sunday.

Through their lawyers, they said the speech might have been directed at the court and it could affect its independence.

But appellate judges Erastus Githinji, Philomena Mwilu and Festus Azangalala defended the independence of the Judiciary, saying they were committed to their oaths of office.

They reluctantly granted a request by the unions for the case to be adjourned until Tuesday next week, but were quick to assure them that the courts would serve them justice.

“We want to assure the unions and all the parties that the Judiciary is very independent and we stick to our oath of office.

“At no time will we allow anybody to interfere with the independence of the Judiciary,” said the judges.

HOPES 'DAMPENED'

They also said it appeared that the unions’ lawyers were not prepared to argue the appeal filed by the Teachers Service Commission (TSC), the Salaries and Remuneration Commission (TSC) and the Attorney-General (AG).

“We reluctantly allow the request by the unions for an adjournment and direct that the President of the Court of Appeal … decide on whether to enlarge the present three-judge bench as requested by the unions.”

The unions had threatened to pull out of the case after the court ruled that the application by the TSC, the SRC and the AG be heard alongside that filed by Knut.

Knut wants its application urging the court to deny the government audience dealt with first before any other is considered. According to Knut, the government should not be accorded a hearing by the court because it has failed to comply with an order to pay teachers higher salaries.

Lawyer Ahmednasir Abdullahi, representing the unions, said the ruling yesterday had dampened their hope of a fair hearing and that prompted his clients to consider whether to withdraw their participation in the case.

“The practice in our courts has always been that whenever an application such as the one we have filed has been placed before court, it will be given preference,” Mr Abdullahi said.

POLITICAL DIMENSION

A lot had happened in the previous two weeks, with state officers insisting they would not pay the increased basic salaries, he argued.

The lawyer said the teachers’ fear was that the President’s speech could have been directed to the court and the matter was likely to take a political dimension.

He said that given the public pressure exerted on the pay dispute, the unions wanted the three-judge bench expanded to comprise five or seven judges so as to be more objective.

Attorney-General Githu Muigai, however, told the court that this was an attempt by the unions’ lawyers to frustrate the hearing of the government’s appeal.

He said the issue of contempt of court was pending before the labour court, which would give directions on Friday.

Prof Muigai explained that President Kenyatta was the chief executive officer of the republic and had, therefore, rightfully addressed the nation on a matter of great national significance.

He also said Knut and Kuppet were not sincere in challenging the address, which focused on the salary dispute, given that union officials too had talked about the issue publicly many times, attracting equal media coverage.

'THREAT' TO COURT

The SRC, through lawyer Pheroze Nowrojee, said the unions' application should have been raised before the court delivered its ruling.

He said that the President’s speech was delivered on Sunday and the unions had sufficient time to raise any issues they had before yesterday.

The lawyer also faulted Mr Abdullahi’s arguments, saying he should not complain about the President making public statements about matters pending in court because he too had, during a recent judges’ meeting in Mombasa, commented on the retirement age of judges when the matter was pending in court.

The TSC, through lawyer Fred Ngatia, said the unions’ submission that they were considering walking out of the proceedings amounted to a threat to the court.

He urged the court to suspend the implementation of the labour court's judgment so that the parties could be anxious to have the matter concluded quickly.

Mr Abdullahi, however, said the unions expected Prof Muigai to apologise on behalf of the government for failing to comply with the court orders to pay teachers.