Court orders TSC to resolve dispute with interdicted North Eastern teachers who fled terror attacks
This comes after teachers sued their employer for interdicting them when they fled their workstations following deadly Al-Shabaab attacks.
The Teachers Service Commission (TSC) and over 100 interdicted teachers from the North Eastern region have been ordered to engage in mediation to resolve a long-running dispute arising from insecurity-related absenteeism.
This comes after teachers sued their employer for interdicting them when they fled their workstations following deadly Al-Shabaab attacks.
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The Employment and Labour Relations Court sitting at Milimani Commercial Centre issued the directive after hearing a case filed under the name Kethawa vs Teachers Service Commission and State Law Office. The matter was mentioned before Justice Byram Ongaya, who directed both parties to begin mediation without delay.
“The cases be mentioned before the Deputy Registrar or Assistant Deputy Registrar on Monday… to identify an appropriate Mediator for purposes of Court Annexed Mediation,” Justice Ongaya ordered.
He directed that top TSC officials, including the Chairperson and Chief Executive Officer, must attend the sessions in person alongside the affected teachers. The mediator is to be appointed by Monday, July 21, with the mediation process expected to conclude by September 1, 2025.
“The affected teachers are to attend the mediation proceedings, every one of them,” the judge ruled, further directing TSC to provide the venue for the meetings.
The court warned that if mediation efforts fail, a follow-up session will be held on October 22, 2025, to record the mediation outcomes and issue further directives. Justice Ongaya cautioned TSC against disobedience of court orders, stating that failure to comply could attract penal consequences.
The case highlights the stagnation and hardship faced by teachers who fled terror-prone areas in North Eastern Kenya. Many have been interdicted for absenteeism despite fleeing attacks. Some, have also remained unemployed for nearly three years.
In 2024, 120 affected teachers returned to court seeking to block TSC from reposting them to North Eastern, but TSC requested more time to negotiate a settlement. While the court gave until April 5 to reach an agreement, the teachers claim TSC failed to engage them.
The dispute dates back to 2020 when TSC transferred 2,340 non-local teachers from the North Eastern region following a terror attack in Kamuthe, Garissa County, where three teachers were killed.
The latest court orders now compel TSC to mediate in good faith, raising hopes of a possible resolution for teachers who say they have been neglected and punished for fleeing life-threatening attacks.
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