TSC taken to apex court for snubbing summons
Kenya National Union of Teachers (Knut) has petitioned the Supreme Court to intervene over tutors employer’s continuous contempt of court.
Knut, through Senior Counsel, Paul Muite, has written to the Supreme Court urging it to help fast-track pending contempt application so that the continued willful disobedience of court orders by Teachers Service Commission (TSC) is nipped and the once unshakable judicial authority that has suffered such erosion at the hands of State organs, is fully restored.
“While Knut has taken out a formal application citing TSC for contempt of court, the same is yet to be determined for reasons unbeknown to Knut despite overwhelming evidence of TSC’s blatant disregard of court’s judgement,” said Muite, in a letter dated November 26.
The Senior Counsel said in the letter that at the outset, it was TSC that sued Knut, following the declaration of industrial action over withdrawal of Labour by Knut members pursuant to Article 41 of the Constitution in December 2018, as a means of resolving various industrial grievances.
“I write to you on this matter because contempt of court orders and judgments by State organs/officers and commissions has now become the new norm. This constitutes a grave danger to the rule of law.
It is a matter transcending parties in any particular litigation. It is matter for your office, the Chief Justice.... obedience to court orders is central to the rule of law and to judicial authority,” Muite added.
He also said Knut has sought the Chief Justice’s attention owing to deplorable conduct exhibited by TSC, having itself moved to court as a petitioner to reject the court’s determination and openly defying and disobeying the court’s judgement.