High Court halts reposting of teachers to Northeastern region by TSC
By Dennis Tarus |
The court also ordered TSC to be restrained from taking disciplinary action against its members.
The High Court has temporarily stopped the Teachers Service Commission (TSC) from reposting non-local teachers in the Northeastern region.
The TSC had last week reinstated primary and secondary school teachers it interdicted months ago and ordered them back to their schools in the Northeastern region ahead of the January reopening.
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However, Employment and Labour Relations Court judge Benard Manani has also ordered TSC to be restrained from taking disciplinary action against its members on the matters that form the basis of the grievance under inquiry, pending the hearing and determination of the application.
"Pending the hearing and determination of the application inter-parties, an order is at this moment issued prohibiting the 1st respondent from re-posting the teachers who are members of the applicant herein to Northeastern Kenya where they fled from due to insecurity," the judge ordered.
Certificate of urgency
This follows a petition by the Kenya Teachers in Hardship and Arid Areas Welfare Association (Kethawa) through their lawyer Wangonya Wangenye on December 28 under a certificate of urgency, seeking the court to stop TSC from reposting the said teachers back to the Northeastern region until their case is heard and determined.
Kethawa cited insecurity, discrimination and violation of their rights and fundamental freedoms by TSC.
The non-local teachers had refused to return to their schools, citing insecurity in the region.
However, TSC directed the teachers to their workstations with the threat of disciplinary action.
Some of the teachers resumed their duties as the commission interdicted those who had refused to re-
turn to their workstations and stopped remitting their salaries.
A total of 3,227 non-local teachers are working in the three Northeastern counties, according to the TSC.
Knut Secretary General, Collins Oyuu, has been urging leaders in Wajir, Mandera and Garissa counties and the national government to come up with a strategy of employing individuals from the region as teachers.
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