The employment of the Labor Relations Court sitting in Nakuru has given the Teachers Service Commission, TSC, the green light to continue with the execution of the TPD program after finding the process to be in line with the condition.
Justice David Nderitu of the Employment and Labour Relations Court validated the Teacher Professional Development program. TPD, after the petitioner, failed to provide evidence proving that it violated some sections of the Constitution.
This means the government can now proceed with the rollout of the TPD program after the dismissal of the petition challenging its implementation.
“It’s not enough for a party to make an allegation and expect the court to automatically find it in his favor. A party in a case, unless otherwise provided for in law, bears the burden of proof,” the judge stated.
The petitioner had filed a suit accusing TSC of failing to engage education stakeholders during its launch and thus breached procurement laws in appointing institutions tasked with carrying out the training. He added that TSC had imposed an expensive program on teachers without prior engagements with relevant stakeholders.
TSC however defended itself, maintaining that the program was aimed at reviewing teaching standards in the country. TSC added that the program was rolled out after getting full approval from stakeholders, contrary to the allegations.
“Besides the fact that the training is founded in the law, it is good in improving the standards of professionalism of teachers, leading to a better quality of education,” TSC stated.
The mandatory training program was launched on September 22, 2021, with its module expected to form the basis of teachers’ promotions and employment reviews. Each teacher was expected to pay Ksh6,000 per module valid for five years.
The training was also meant to align with the requirements of the new Competency Based Curriculum (CBC) which was launched to replace the 8-4-4 system.