TSC ruled out of order to transfer teachers as disciplinary measure

TSC CEO Dr Nancy Macharia. The commission will not be able to transfer teachers on disciplinary grounds after the Labour Relations Court ruled that it has no such powers.

The TSC (Teachers Service Commission) has been found to have been violating the constitution by transferring teachers as one way of disciplining them.

The Labour Relations Court in Nairobi passed this judgment, declaring that TSC cannot purport to transfer teachers as a punishment as it does not have those powers.

Making the far reaching ruling, Justice Byrum Ongaya further struck down delegation of disciplinary matters by the commission to committees and junior officers who are not commissioners.

“Some sections of TSC regulations giving its review committee a final say on teachers’ punishment is unconstitutional,” concluded Justice Ongaya, observing that officers in the committee are given excess powers to vote contrary to the rules of natural justice and the law.

He was ruling in a case filed by one Dorcas Chelegat, who was interdicted by her principal at Moi Girls Nairobi as deputy. Ongaya ruled that a principal has no mandate to interdict any teacher, except that that teacher is brought before the commission for a disciplinary hearing.

In the law of precedence, TSC will from now on resort to other ways of disciplining an errant teacher as the ruling closes this avenue that has been popular with the commission.

Recently, teachers running away from North Eastern for security reasons were posted back to the region as a form of punishment for deserting duty.

They might now appeal that decision as things stand since they can argue that they are in their current stations on an illegality that needs to be corrected.

By our reporter

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Education News - Newspaper Vol 281