The Teacher Service Commission has suffered a huge blow after the courts declared that the intern program is illegal.
This was revealed yesterday when the Employment and Labor Relations Court (ELRC) ruled that the commission breached their right to fair labor practice by offering them internship employment while they were qualified and held teaching licenses.
However, the ruling jeopardizes Junior Secondary Schools' survival only two weeks before classes resume for the second semester. Teachers have been the driving force behind adopting the competency-based curriculum at junior secondary schools.
Justice Byrum Ongaya held that the commission cannot hire, engage, or employ student-teachers or interns since its authority is confined to engaging only competent and registered individuals.
“The respondents have not exhibited statutory regulatory or policy arrangements that would entitle the first respondent (TSC) to employ interns. Ideally, the first respondent should employ registered teachers upon terms that are not discriminatory and to meet the optimal staffing needs in public schools,” Justice Ongaya said.
The plan was established to address the teacher shortage that afflicted schools and also served as a crash course to produce instructors for junior secondary schools.
The internship program was initially scheduled to last one year before the interns were hired on a permanent and pensionable basis.
President William Ruto declared that the teachers would be forced to spend an additional year before being considered for permanent and pensionable employment.
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