Court halts government plan to scrap teachers’ hardship allowances
The report had proposed a reduction of hardship allowances and the scrapping of some categories altogether. It has also proposed the degazettement of more than 50 hardship zones across Kenya.
The Employment and Labour Relations Court has temporarily stopped the government's implementation plan to reduce or scrap hardship allowances for teachers and other civil servants working in arid and hardship areas.
Lady Justice Hellen Wasilwa, on Friday, issued injunctive orders barring the Salaries and Remuneration Commission (SRC), Public Service Commission (PSC), Teachers Service Commission (TSC), the Office of the Prime Cabinet Secretary, and the Attorney General from effecting changes to hardship allowances pending the hearing and determination of the case.
More To Read
- New Bill could allow civil servants to access entire pension upon exit
- KNUT protests transfer of Nairobi teachers, warns of ‘return of delocalisation’
- SRC approves Sh43 billion salary rise despite wage bill concerns
- How civil servants are illegally drawing salaries from both counties, National Government
- Teachers who resigned or were dismissed after April 2018 eligible for pension, says TSC
- Felix Koskei urges coordinated communication in State agencies to curb misinformation
The orders suspend the implementation of the 2019 Inter-Agency Technical Committee Report on Hardship Areas Reclassification, which had been tabled in Parliament by the Office of the Prime Cabinet Secretary.
The report had proposed a reduction of hardship allowances and the scrapping of some categories altogether. It has also proposed the degazettement of more than 50 hardship zones across Kenya.
The case was filed by the Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA), through its secretary, Ndungu Wangenye, representing thousands of teachers working in remote and arid regions.
The petitioners argued that the government's decision to scrap hardship allowances in designated regions violated their socio-economic and cultural rights, as enshrined in the Constitution.
KETHAWA listed the TSC, PSC, SRC, the Prime Cabinet Secretary, and the Attorney General as respondents.
Through their petition, the teachers challenged the government's reliance on the 2019 Inter-Agency Technical Committee Report, which sought to reclassify and degazette hardship areas.
They argued that the report was unconstitutional, discriminatory, and failed to take into account the realities faced by teachers in marginalised regions.
The petitioners claimed that the withdrawal of hardship allowances would gravely undermine access to education, healthcare, and essential services in arid and semi-arid communities, further marginalising already disadvantaged populations. They also accused the respondents of failing to conduct adequate public participation before reaching the decision.
"The move by the respondents would have unfairly disadvantaged teachers and civil servants deployed in arid and remote regions, where living and working conditions remain harsh and challenging," they argued.
In their court filings, KETHAWA cited violations of Articles 41, 43, and 47 of the Constitution, which guarantee fair labour practices, socio-economic rights, and fair administrative action.
They further invoked provisions of the African Charter on Human and Peoples' Rights, arguing that the withdrawal of hardship allowances would expose teachers to inhumane working and living conditions.
The court was urged to declare the implementation of the 2019 report null and void, and to reinstate the hardship allowances.
Justice Wasilwa certified the matter as urgent and issued conservatory orders suspending the government's plan pending full hearing and determination of the petition.
Top Stories Today
