Court orders TSC to transfer teacher from North Eastern over trauma
The Employment and Labour Relations Court has ordered TSC to immediately transfer teacher Geoffrey Lelon from North Eastern, citing security risks, in a ruling expected to shape future teacher safety cases.
The Employment and Labour Relations Court has ordered the Teachers Service Commission (TSC) to immediately transfer teacher Geoffrey Lelon out of the North Eastern region.
The ruling stems from a case filed in 2023 by the Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA), which challenged TSC's decision to repost 122 teachers to North Eastern counties despite persistent security concerns.
Lelon, a young teacher from Kericho, was among those who fled the region after witnessing a colleague brutally killed in Mandera. The traumatic incident left him deeply affected, and he repeatedly petitioned TSC to relocate him to a safer station.
His requests, however, were ignored, and he faced disciplinary actions, including interdiction and formal warnings for desertion, before being reposted to the same volatile area.
For more than two years, Lelon has survived without a regular salary, relying on casual labour in his home county to make ends meet.
The prolonged legal battle has not only taken a toll on him but has also affected other teachers involved in the case, some of whom reportedly suffered depression due to the delays and uncertainty surrounding their postings.
KETHAWA, represented by lawyers Ndung'u Wangenye and Theoddas Okundi, presented detailed submissions outlining Lelon's ordeal and the broader risks faced by teachers in conflict-prone regions.
Justice Byram Ongoya, after personally reviewing the evidence, ruled in Lelon's favour, stating, "Lelon must be transferred immediately to a new station outside the North Eastern region, effective when schools reopen next month."
The judgment is widely regarded as a landmark decision for teachers' welfare, signalling that safety concerns in hardship areas must be taken seriously.
It is expected to set a precedent for handling cases of teachers facing threats to their lives while performing their duties, highlighting the need for TSC to prioritise the safety and well-being of its staff in high-risk regions.
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