Teachers who do not report to work Monday would have their salaries stopped, and they would also face stern disciplinary action.
Teachers Service Commission secretary Gabriel Lengoboini ordered all head teachers to report to work Monday, and file reports on their staff who do not turn up.
The Government will also not provide security for any teacher who will take to the streets after the court ruled the strike is not legally protected.
The commission warned that starting Monday it will not remit union dues to any union that will incite its members to have been forgiven for failing to attend classes last week, but cautioned starting Monday there would be penalties.
He said teachers also risk being interdicted if they stayed away from school for 14 days.
The caution comes a day after a high-level meeting between the Kenya National Union of Teachers (Knut) and senior Government officials failed to resolve the stalemate that has seen children out of school for a week.
The latest Government stand seems to dim prospects of a resolution to the stalemate, as a new push to send teachers to school is hatched.
But Knut and Kenya Union of Post-Primary Education Teachers (Kuppet) officials yesterday maintained that the strike is on. They laughed off the possibility of action against over 270,000 teachers.
Senior Government officials familiar with the development told The Standard On Sunday yesterday that the Government is willing to release Sh29 billion needed to pay teachers’ allowances as reflected under a 1997 legal notice.
The officials, however, said the Sh13 billion needed to harmonise the teachers’ pay with those of civil servants would also be released soon.
But strengthened by the court ruling the Government seems to have resolved to flex its muscles to force teachers back to school.
The Government also moved to quash the teachers’ strike by involving the Provincial Administration. In a statement to newsrooms, acting Internal Security and Provincial Administration PS, Mutea Iringo, said only teachers who report to work Monday would be protected.
He said the court ruling must be respected and noted that any person who shall disrupt learning would be prosecuted.
“No employee shall be victimised for taking part in the strike provided they report to work immediately,” he said.
But added: “No protection would be extended to any employee who continues to take part in the strike after the date of the court order.”
On Friday, during a meeting between TSC and Knut chaired by Education PS, George Godia, and attended by the Treasury, the Government maintained all legal notices must be honoured.
The meeting also attended by the Solicitor-General Wanjuki Muchemi demanded that the legal notice no 16 of 2003 that amended the contested allowances under legal notice 534 of 1997, be followed.
And yesterday, the Government demanded that all teachers should respect the court decision.
On Friday, Justice Maureen Onyango extended the orders issued by Justice Byrum Ongaya last Friday, barring teachers from taking part in the strike.
Justice Onyango explained Knut and Kuppet strike notices were illegal, as they did not meet provisions of labour laws.
“The strike notice issued by the unions were illegal as they had failed to meet requirements under section 76 of the Labour Act,” the judge said.? She was ruling in a suit TSC filed challenging the strike.
The judge, however, said that the striking teachers would not be victimised “if they resumed work immediately”.
Lengoiboni yesterday said that all teachers would be forgiven for not attending classes last week, but warned of stern action starting Monday.
“We have instructed all head teachers to report to schools. They will give us the roll call of all the teachers who will have missed school,” he said. In his Friday ruling, Justice Onyango cautioned, “those who do not heed the order would not be protected in the event their employer takes action against them”.
The judge further directed that the Salaries and Remuneration Commission and the TSC reconcile with the unions to address the dispute.
“The Government believes that all legal notices must be honoured. The one of 2003 substantially amended the one for 1997. The law must be followed,” said Education PS George Godia.
“All legal notices are binding because they are all gazzetted,” he said.
In a tough statement, Lengoiboni said in light of the court ruling that said the strike is not protected, action will be taken against any staff member who absconds from Monday.
By Augustine Oduor, The Standard