Good news for North Eastern teachers as Court halts reposting there

Dr. Nancy Macharia, TSC CEO. The courts have stopped TSC's reposting teachers back to where they were running away from: The North East.

There is good news for teachers who fled the North East for their lives as Court stops Teachers Service Commission (TSC) from reposting them back to the region.

The new dates for the hearing of the case(s) is January 23, 2024, Employment and Labour Relation Court (ELRC) in Nairobi has determined.

This is after the Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA) moved to Court under Certificate of Urgency seeking to stop TSC from reposting the said teachers back to North Eastern region until the case they filed is heard and determined, prayers which the court granted today December 29, 2023.

KETHAWA petitioned  to halt the disciplinary action, together with the Ministry of Education, Attorney General, and the Ministry of Interior and Co-ordination of National Government, after TSC finalized on the disciplinary cases of about 200 teachers who were interdicted over desertion of duty, where it gave them warnings and reinstated them, later reposting them back to North East.

“The application dated December 28, 2023 is certified as urgent.  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,” reads the ruling issued  by  Justice Bernard Odongo Manani Matanga.

“Pending the hearing and determination of the application inter-parties, an order is hereby issued prohibiting the 1st respondent (TSC) from re-posting the teachers who are members of the applicant herein to North Eastern Kenya where they fled from due to insecurity,” it added.

KETHAWA National Secretary Wangonya Wangenye, who is also part of the legal team working on the case, told Education News this evening that they are happy with the orders issued by the Court and urged TSC to find an alternative to address the issues of North Eastern teachers once and for all.

“We thank the Court for upholding justice for the teachers who fled North Eastern region due to insecurity,” said Wangenye.

The teachers fled North Eastern Kenya due to insecurity, with their employer subjecting them to disciplinary action.

TSC later issued reposting letters, requiring them to return to their work stations in the North East.

They then sought redress in the Courts.

By Roy Hezron

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