Friday 12^th July 2019 saw a big win for the Kenya National Union of Teachers (KNUT), the largest teachers’ trade union in Kenya, against the employer, the Teachers Service Commission (TSC) after the Employment and Labour Relations Court ruled in favour of KNUT in a protracted trade dispute concerning teachers’ promotions, appraisal, transfers, training and union membership.

Some of the notable highlights from the Court’s decision include:

• Headteachers, their deputies and teachers who are in management positions are unionisable and can vie for leadership positions in the union.
• Teachers who are in leadership positions in the union should only be transferred within the same geographical location that they represent.
• Appraisal tools should be ready by 1^st December 2019, for a roll out in January 2020.
• The Court also dismissed a promotions circular which had limited career progression to those with teachers training certificates.

TSC has indicated that it would appeal the Court’s decision. Oraro & Company Advocates’ John Mbaluto, FCIArb, a Partner in the dispute resolution practice group, was among the lead lawyers acting for KNUT in this matter. John has experience in advising both international and local clients on constitutional law, banking and commercial disputes, employment and labour law, and is also well regarded for advising employee associations and trade unions.

Our Dispute Resolution Heritage

Referred to as a “Dispute Resolution powerhouse”, we are well regarded for our in-depth understanding of the judicial process and our extensive experience to find innovative solutions to the most challenging problems whenever they occur. Our litigators have a long history of handling cutting-edge litigation matters, including many of the most significant disputes in the country. We are called upon to play a central role in high stakes and high profile matters in Kenya.

A tight-knit group of 16 lawyers (8 Partners, 5 Senior Associates and 4 Associates), arguably the largest dispute resolution team in Kenya, we approach each matter with intensity, thoroughness and creativity and build teams appropriate to the circumstances. We handle all aspects of contentious matters, from the strategic and tactical to the practical and procedural. We represent clients in tribunals in areas such as tax, environment, public procurements, among others.