The Employment and Labour Relations Court in Nyeri has ordered the Murang’a County Public Service Board to pay Early Childhood Development Education (ECDE) teachers fair wages, aligning with the Salaries and Remuneration Commission (SRC) advisory issued on August 10, 2023.
Presiding Judge Onesmus Makau ruled in favour of the Kenya Union of Pre-Primary Education Teachers (KUPPET), declaring that the county had violated the constitutional rights of ECDE teachers by underpaying them despite a binding SRC directive. The court found that Murang’a County had disregarded the advisory and continued paying wages below the recommended scale.
Justice Makau directed the county to pay ECDE teachers the revised salaries and allowances effective from July 1, 2023, or from the date of employment if after that. He further stated that the SRC’s advisory, issued under Article 230 of the Constitution, was legally binding and not merely consultative, referencing previous Court of Appeal decisions.
The union argued that the county’s actions breached Article 41 on fair remuneration and Article 27, which guards against discrimination. The court agreed, noting that paying lower “special salaries” amounted to unjustified discrimination and contravened both the Constitution and Section 5 of the Employment Act, 2007.
Although five respondents were named in the petition — SRC, Murang’a County Public Service Board, County Assembly, Public Service Commission (PSC), and the Attorney General — only the SRC and the County Public Service Board responded. The court found no wrongdoing by the SRC or other respondents, noting that the SRC had fulfilled its legal mandate.
The County Public Service Board had claimed the matter was premature and should have gone through collective bargaining. However, the court rejected this, citing a lack of a recognition agreement or Collective Bargaining Agreement (CBA) between KUPPET and the county.
In a final statement, Justice Makau noted the public interest nature of the case and declined to award costs, affirming the petition’s significance in defending workers’ constitutional rights.
