Give Tachers a A Reason to Listen to you; The will....

It is a culture that towards the end of a week I pour here my mind to get sorber minds tell me what they think and help understand the Kenyan situation. Today it is my wish that I get atleast five minutes of the Jubilee's duo H.E. Uhuru Kenyatta​ and a good friend as well as role model William Samoei Ruto​ on the matters pertaining the long teachers strike that on this morning marks the beginning of a second month in Strike.

It is probably a historic incident that has happened in 2015 with the teachers having stopped their strike in January 2015 for the better option of a court proceeding that was to determine the constitutionality of their demands. The case was presented when SRC was in place and the TSC was fully aware of the constitutional requirements for the wage management of this country. Good analysts like Zack Kinuthia​ Boniface Mwangi​ and others will attest to the process that has lasted for over half a year that finally saw a ruling in favour of teachers.

What grasps my attention here is not the fact that teachers were awarded a 50-60% salary increment, I am currently focussed on how the judge reached on a conclusion to award the teachers this amount. During the battle that is currently before the supreme court, the Kenya's attorney general Prof. Githu Muigai argued about the constitutionality of the judge in awarding the teachers the pay increment during his ruling. As the chief legal advisor to the government, this left me with numerous questions if at all TSC was aware of Attorney's presence in this country when they moved to court in January.

According to the arguements presented by the teacher's barristers, it is true that in January teachers wanted a 300% salary increment which we all agree is vague and economically a joke. The court process saw TSC engage in financial calculations and making submissions which indicated that the only sustainable increment government could offer was 50-60% increment. Legal minds like Otieno Arnold​ Okudo Arnold​ Lone Felix​ and Mutula Jr. will agree with me that a sitting judge relies on the presented facts and figures in making any judgement for the determination to be fair. The relying of the judge on the presented evidence by the accused and the complainant is usually independent of the judge's knowledge, view or opinion as pertaining the matter.

Based on this, the judge used the determined figures presented by the complainant, in this case TSC to award the teachers the increment which actually they did not challenge but agreed despite having demanded for 300% increment before. the numbers were economically hypothetical to any rational economist or any brain that passed through a lesson on introduction to economics.  If this judge was to be asked in his own independent opinion without having to serve as the judge I am convinced beyond any reasonable doubt that he would not support a 50-60% salary increment.

What Are the Consequences?

With all of us aware of the constitutionality of SRC, the awarding of the teachers a 50-60% salary increment would mean that all salaries of civil servants be harmonized. Taking an example of the president alone, this would mean at the end of the 5 years he would have a salary of approximately 3million as a result of the harmonization.
It is apparent that all Kenyans from all walks of life understand the effect of this only that they are trying to assume for political reasons. The economic impact would be an economic sabotage whose effects will be long lasting and probably irreparable.

What should Uhuru Do?
Solution to the stalemate is not for the president to keep quiet and assume all is well. Neither is it to talk tough and intimidate Kenyans. If there is something that should have happened by now is total overhaul of the TSC and replacement by a competent commission. The firm that was consulted for legal advice as well as economic determination of the 50-60% should as well be considered for punishment. The government was misled.

I consider teachers as one of the learned fellows of society who are underestimated. A teacher molds a lawyer, a doctor, an engineer and most of the heard professionals of this country. Engage these group of professionals on a table of talks and inject the truth into their heads and I believe they will listen. They will understand why the 50-60% is not sustainable and the need for review of their demands.

As I finish, let us appreciate that education is a constitutional right that we gave to ourselves by a vote on the new constitution which should not be watered down. Employing teachers on contract will not solve the problem, neither will sacking the teachers help since the court order is still in force.
This is justice that should be given out lawfully to our children.

God bless Kenya!

A voice on the Neglected Justice; OKOTI Aluora Patrick​