Employment and Labour Relations Court on Friday, December 29, issued orders barring the Teachers Service Commission (TSC) from reposting teachers who fled conflicts in hardship areas.
This was after Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA) filed a case in court, challenging a decision by TSC to repost teachers back to the locations they fled due to insecurity.
KETWAHA had filed a petition, under a certificate of urgency, asking the court to stop TSC from reposting the teachers to their previous schools in the North Eastern region until their case is heard and determined.
The teachers had decried discrimination and violation of fundamental rights and freedoms by TSC which interdicted and subjected them to disciplinary action following their absconding of duty.
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Initially, the teachers’ employer had issued reposting letters for the affected teachers, requesting them to return to their previous schools in North Eastern.
However, while issuing the verdict, Justice B.O. Manani ordered TSC to refrain from re-assigning the teachers to their previous work stations.
“It is hereby ruled that pending the hearing and determination of the application inter-parties , an order is hereby issued prohibiting the 1st respondent from re-posting the teachers who are members of the applicant herein to North Eastern Kenya where they fled from due to insecurity,” read part of court documents.
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At the same time, the court ordered TSC not to take disciplinary measures against the KETWAHA teachers.
“It is hereby ruled that pending the hearing and determination of the application inter-parties, an order is hereby issued restraining the respondents from taking disciplinary action against the applicant ‘s members on the basis of the matters that form the basis of the grievance under inquiry,” the Judge noted.
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KETHAWA National Secretary Wangonya Wangenye has lauded the court’s ruling, saying that it upheld justice to the teachers who fled North Eastern Kenya due to insecurity.
The court set hearing of the case on January 23, 2024.
