NAIROBI—Employment and Labour Relations Court has barred the Teachers Service Commission (TSC) from interdicting and reposting teachers who boycotted schools in Northeastern counties citing insecurity.
The teachers, through the Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA) urgued that it was unfair for the TSC to dismiss their concerns. In September, the TSC insisted it would not grant transfer to the teachers and ordered them back to their workstations.
The teachers—who had been seeking transfers from Wajir, Mandera and Garissa counties since August—declined to report back to their respective schools saying their lives were at risk, a claim that was widely disputed by their counterparts in the region as well as the Cabinet Secretary for Education, Ezekiel Machogu.
In his Friday ruling, which was certified as urgent, Justice Bernard Odongo restrained the TSC and the Ministry of Education from taking any disciplinary action against members of the Kenya Teachers in Hardship and Arid Areas Welfare Association since their grievances were under investigation.
“Pending the hearing and determination of theapplication inter-parties, an order is hereby issued prohibiting the 1st respondent from reposting the teachers who are members of the applicant herein to North Eastern Kenya where they fled due to insecurity,” said Justice Odongo
The Arid Areas Welfare Association national secretary, Wangonya Wangenye, said they sought reprieve at the Courts after they failed to convince the Ministry and the TSC that the region “was hostile.”
“Teachers fled North Eastern Kenya due to insecurity and religious discrimination but were interdicted and subjected to disciplinary action by the TSC. The TSC later issued reposting letters to our members asking them toreturn to their former counties in North Eastern,”‘ said Mr Wangenye.
The Cabinet Secretary for Interior Prof Kithure Kindiki, while appearing before the parliamentary Committee on Education in August, rebuffed the insecurity claim saying it was untrue.
Speaking during the 63rd Kenya National Union of Teachers National Delegates Conference at the Kasarani Stadium earlier this month, Deputy President, Rigathi Gachagua directed TSC not to sack 122 interdicted teachers from North Eastern
He indicated that the teachers were only trying to protect their lives.
“I told TSC not to try to sack them because you can not punish people who are running away to save their lives,” he said.
