The Teachers Service Commission should, from August 1, implement a 50 to 60 percent pay rise that the High Court ordered in June, the Court of Appeal has directed.

Appellate judges Mohammed Warsame, Sankale ole Kantai and Jamila Mohammed on Thursday told TSC to continue paying the new salaries until an appeal the commission has filed is determined.

The period to be covered stretches from July 1, 2013 to June 30,2017.

The order means that TSC has to give teachers an annual salary raise of between 12.5 percent to 15 percent.


The government was directed to enforce the order by July 30 but TSC filed the appeal, arguing that there is only a week left to enforce the judgment.

It also said the government is unable to pay the new salaries because the award had not been factored in the 2015/16 Budget.

TSC is apprehensive that its officials could be cited for contempt of court if they fail to implement the increase yet the money had not been allocated for in the Budget and is unavailable.

Its lawyers wanted the court to stop the implementation of the judgment until they have argued their case against the award.


In a spirit of give and take, the three judges stopped the implementation of the June 30 judgment on condition TSC, the Salaries and Remuneration Commission and the Attorney-General pay the revised salary beginning August 1.

“A failure to comply with our order will lead to an automatic collapse of the appeal filed by TSC,” they said.

The two teachers unions, Kenya National Union of Teachers (Knut) and the Kenya Union of Post-Primary Education (Kuppet), have opposed the TSC appeal.