Abstract:
In this article, the writer seeks to show that whereas the industrial court assumes that the TSC as the employer are equal parties with the Teachers as the employees, the employer has an upper hand and they cannot be equal parties, secondly, a strike is the only arsenal that these employees have, thirdly the right to strike is essential and forms part and parcel of the bargaining process, fourthly, when these injunctions are issued, no meaningful agreement can be reached and hence the unending teacher strikes in Kenya and fifthly balancing the children’s right to education does not mean that it overrides the right to strike.
