The Supreme
Battle of the Education Sector Titans
KNUT has finally launched the appeal at the Supreme chamber. The SG said that
KNUT may withdraw the case if and only if TSC accepts to hold talks.
It was
widely speculated that the unions had lost their ability to an Appeal. However,
the provisions of the constituion are such that a notice is given within 14
days of the ruling and the Appeal itself is filed within 30 days from the day
of the notice. So it is like having a "44-days window."
The appeal
centres primarily on the role of SRC.
Some say
that SRC has a role to play. However, this is a matter that needs legal
interpretation.
KNUT's case
is the first in Kenya under the new Constitution whereby the nature
of SRC's advice is challenged before the Supreme Court. This is a historic
day that civil servants are watching closely on the court battle that will
ensue plus the outcome of the case.
Stand by for
a speculative look at the likely ruling of the Supreme Court over the case.
*Remember
during the Appeal Court case that Pesa Mashinani's speculation that 50-60% was
going to be nullified came out to be true due to the relatively weak
submissions by the unions as well as the issues surrounding the need
for the judges to dismiss themselves.
Withdrawing the case
It is not
likely for the case to be withdrawn given the critical nature of it. TSC on the
other hand may also opt for the court battle with KNUT instead of holding
negotiations.
Notice also that there is the possibility of the Supreme Court making a ruling
that will force the parties to hold negotiations.
This is the Supreme duel. This is the Supreme showdown.