The Employment and Labour Relations Court has ordered the Teachers Service Commission (TSC) to pay 122 teachers Sh100,000 each for unfair reposting to Mandera County, citing violations of their right to fair administrative action.
The ruling, delivered by Justice Jemimah Keli, followed a case brought by the Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA). The teachers had contested disciplinary measures after they left their posts in Mandera due to insecurity concerns but were instructed to return to the same area.
Key Court Findings
- The court found the disciplinary process against the teachers to be unfair and ruled they should not be considered as having deserted their duties.
- Justice Keli acknowledged the validity of the teachers’ security concerns in Mandera and deemed their reposting there unjust.
- The ruling emphasized that the TSC retains authority to transfer teachers but must avoid redeploying them to unsafe locations.
- The court recognized the right of children in the North Eastern region to access education and cautioned against labeling the entire area as insecure.
Orders and Compensation
- TSC was directed to redeploy the teachers to Garissa County, excluding the Hulugho area, in line with government retention policies.
- The decision declaring the teachers guilty of absconding and ordering their reposting to Mandera was quashed.
- The teachers will receive a collective Sh12.2 million compensation for the violation of their rights, but no back pay for the period they were absent.
- The court granted TSC a 30-day stay to comply with the compensation payment, while the redeployment order remains effective immediately.
This judgment affirms the importance of fair administrative procedures and prioritizing staff safety in public service deployments.
