The war between P1 teachers with ‘A’ level academic qualifications with the Teachers Service Commission (TSC) is far from over after the former is back in Court seeking redress in their quest to have their Ksh3.45 billion arrears paid.

In a letter signed by their lawyer, Titus Kirui dated October 16, 2024, the teachers have given the Commission an ultimatum of 14 days to ensure that the arrears are factored in the current (2024/2025) financial year failure to which they move to the Employment and Labour Relations Court (ELRC) to officially lodge appropriate recovery proceedings.

This move comes after the teachers observed that their employer, TSC, deliberately misled the Senate Committee which was handling their petition presented before the House, despite the Commission being aware of their grievances.

In their petition to the Senate through Ms. Ruth Kabui the teachers wanted the Senate to urgently investigate the matter and make appropriate recommendations which include requesting the National Treasury and Planning to factor in salary arrears from 1996 to 2010 for P1 ‘A’ Level trained teachers during the previous 2023/2024 financial year, and request TSC to pay salary arrears from 1996 to 2010 for P1 ‘A’ Level trained teachers during the same financial year, which seemed not to have borne any fruits.

The teachers now want the TSC to prove to them that they were remunerated with their counterparts (the untrained S1 teachers) in 1996 who had attended the two weeks’ training at Kagumo and Bondo Teachers Training College.

“Their agitation is only for the period 1996 to 2010. Their complaint is simply this: despite being better trained and with more experience, the Untrained ‘A’ Level teachers (S1 grade) joined the service on better terms. It has been your contention that the two groups were equivalently remunerated. We seek proof that our clients were equivalently remunerated with S1 in 1996,” reads the letter in part.

They further argue that the Commission despite tabulating the arrears of the 6,466 P1 ‘A’ Level teachers who were locked out of the promotion and getting to know their arrears for each of them, nothing has materialized to date.

In the letter, the teachers on payroll who had taught for 18 years and above, the Commission found out that they were 2,524 of them and their cumulative arrears including salary, house and medical allowance payable between July 1, 1995 to June 30, 2003 was to be Ksh1.07 billion with each teacher  supposed to get Ksh424,194.

For those on payroll and who had taught for a period between 15 to 18 years, the Commission found to be 3,942 teachers who were to get a cumulative sum of Ksh2.26 billion with each teacher getting Ksh573,936 in form of arrears covering the same period.

When the Commission calculated this to find out the effects on its July 2003 payroll, it found out that it was expected to have a total of Ksh3.45 billion so that the arrears can be cleared.

This total amount included Ksh3.33 billion as arrears payable to the P1 ‘A’ Level teachers for the period July 1, 1995 to June 30, 2003, another Ksh67.4 million as increase in salaries payable to the same group of teachers in July 2003, and a monthly (July 2003) increase for other grades which was Ksh52.9 million.

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TSC then went further to calculate the total funds required for upgrading all 8 categories of teachers, which required a total of Ksh4.78 billion which was inclusive of Ksh3.33 billion as arrears payable to the P1 ‘A’ Level teachers and a yearly wage increase in all grades which was Ksh1.45 billion.

“As per your own assessment, the two groups of teachers, that is, those who had taught for 18 years and above, and those who had taught between 15 and 18 years were entitled to Ksh424,194 and Ksh573,936 each respectively as of June 30, 2003. This has been the first point of agitation. This amount remains unpaid and therefore in arrears. The second point of agitation is the arrears of these from July 1, 2003 to June 30, 2010. Equally, this remains unpaid,” reads the letter.

The teachers maintain that the sum of Ksh1.4 billion released in the financial year 2010/2011 was to factor the promotion of P1 ‘A’ Level teachers from Approved Teachers Status Four (ATS IV) to ATS I , and it didn’t factor what they ought to have earned between July 1, 2003 to June 30, 2010.

The teachers, who have formed their own association – Retired and About to Retire (REAR) Teachers Association – under the leadership of Kepha Mshambala are planning to hold their meeting in Nairobi early November to deliberate on the progress of the matter and what step to take moving forward.

The 14-day ultimatum ended on October 30, 2024.