Court Clears Teachers to Sue TSC Over Sh20M House Allowances.
The Employment and Labour Relations Court has authorized at least 200 teachers to proceed with a lawsuit against the Teachers Service Commission (TSC) over Sh20 million in unpaid house allowance arrears. This decision follows a request by 118 teachers to join an existing petition originally filed by 73 colleagues from Nakuru County.
Justice James Rika, in a ruling delivered on April 28, allowed the petition to be amended, stating there was no evidence to show that the principles of res judicata or finality—cited by TSC—applied to the application. He confirmed that the main dispute remains unresolved before the court.
The legal dispute began on June 29, 2022, when John Tallam and 72 others filed a petition claiming that they were employed on permanent and pensionable terms, which qualified them for full house allowances. The teachers are demanding a court declaration that the underpayment of their house allowances between July and October 2019 was unlawful. They seek to recover Sh20,496,000 in arrears.
On May 16, 2024, the petitioners sought to amend the case to include 118 more teachers, arguing that they had been similarly underpaid and shared identical grievances. The court has now granted them 14 days to file the amended application and serve all parties involved.
TSC’s Objection and Court’s Response
TSC opposed the amendment through its Director of Human Resource Management, Kenneth Marangu. He contended that the matter regarding the 118 teachers had already been addressed in a separate court, which directed that the issue be resolved administratively. He further maintained that determining house allowance entitlements falls under internal administrative duties and should not be subject to judicial interference.
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However, Justice Rika found that TSC had failed to provide any court ruling or judgment to support its claim. He emphasized that without such documentation, there was no basis to deny the additional teachers participation in the ongoing suit.
Teachers expressed relief over the ruling, with one stating that they had long awaited justice and hoped this case would set a precedent. Another said the decision brought renewed confidence in the judiciary’s ability to uphold fairness in labor matters.
Court Clears Teachers to Sue TSC Over Sh20M House Allowances
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