Court Blocks TSC’s Attempt to Repost Interdicted Non-local Teachers to North Eastern
The Employment and Labour Relations Court on Friday prevented the Teachers Service Commission (TSC) from re-posting non-local instructors it had interdicted to schools in North Eastern.
The teachers employer has reinstated non-local primary and secondary teachers who had been on suspension for several months and has directed them to return to their schools on January 8, 2024.
According to the TSC, there are 3,227 non-local teachers working in the three North Eastern counties of Mandera, Wajir, and Garissa.
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Teachers from Wajir, Mandera, and Carissa counties who had been requesting transfers since August refused to return to their classrooms, citing security risks from al-Shabaab attacks. The TSC insisted on not transferring the teachers and ordered their return in September.
The Kenya Teachers in Hardship and Arid Areas Welfare Association, representing the affected teachers, filed an appeal in court, contending that redeploying them to their schools in insecure areas was inappropriate.
In response, Justice Bernard Odongo issued an urgent order prohibiting the Teachers Service Commission (TSC) and the Ministry of Education from implementing any disciplinary measures against members of the association. This directive stands until a thorough investigation into the teachers’ concerns is conducted.
“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 due to insecurity,” said Justice Odongo.
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Wangonya Wangenye, the association’s national secretary, said they had gone to court to prevent the TSC from redeploying them to the unsafe region, which is prone to terror attacks.
Teachers who left North Eastern Kenya citing insecurity and religious discrimination faced interdiction and disciplinary measures by the Teachers Service Commission (TSC), according to Mr. Wangenye. The TSC subsequently issued re-posting letters to the affected members, instructing them to return to their original counties in North Eastern.
He claimed that the teachers resorted to court after their employer refused to address their complaints.
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Court Blocks TSC’s Attempt to Repost Interdicted Non-local Teachers to North Eastern