Court Quashes TSC’s Illegal Transfer of Teachers to PSC
In a recent ruling, the Labour and Industrial Relations Court deemed the transfer of teachers from the Teachers Service Commission (TSC) to the Public Service Commission (PSC) illegal.
The court has ruled in favor of reinstating the salaries of two tutors, Evans Morara Nyangongo and Charles Moraro Mogunde, who were previously interdicted for refusing to relocate from TSC.
Justice Christine Baari of Kisumu expressed her belief that the transfer was unconstitutional due to a previous court ruling that invalidated a government circular allowing for such transfers.
Justice Baari ruled that the actions taken against the two teachers cannot be considered lawful, as they were based on an unconstitutional circular. The Labour Court in Nairobi previously declared the circular, known as Circular No. 17/2018, unconstitutional through Petition Number 97 of 2018.
According to the circular, the TSC has instructed that individuals who were employed as lecturers, teachers, instructors, trainers, and institutional administrators and were on the TSC payroll as of June 30, 2018, will have their services transferred to the Ministry of Education under the PSC starting on August 1, 2018.
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In a decisive ruling, Justice Baari has directed the immediate reinstatement of the two teachers to their positions. Furthermore, Justice Baari held the government entities they had taken legal action against responsible for covering the costs incurred during the case.
On the other hand, she rejected the teachers’ plea for special damages because they failed to provide evidence of their termination from their jobs.
The teachers asserted that they were TSC employees, citing appointments from 1998 to 2009.
Nyangongo mentioned that he taught Biology and Agriculture at several secondary schools, including Eronge, St. Mathias, KipchimChim, Kenyoro, Kebabe, Nyamauro, and Keng’uso.
During his time at these schools, he held positions such as assistant teacher, head of various departments, and deputy principal. It is important to note that all transfers to these institutions were done by the law.
On the other hand, Mogunde taught Chemistry and Physics at Naigera Secondary School before being transferred by TSC to Mawe Technical Training Institute.
They filed a lawsuit against the Education Cabinet Secretary, Principal Secretary, Attorney General, PSC, TSC, and other government entities. They sought various reliefs, including declarations that their transfer was unlawful and unconstitutional, as well as damages for the violation of their constitutional rights.
Teachers claimed that their rights under the Constitution and employment laws were violated when their employment was transferred from the TSC to the PSC without their involvement.
They argued that the transfer altered their job descriptions and deprived them of the benefits and privileges they deserved as TSC employees.
The teachers claimed that they experienced immense mental suffering and distress as a result of the transfer, which they believed undermined their dignity.
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The respondents provided a defense for the transfer, arguing that it was legal and important for the smooth functioning of vocational and technical training institutions.
They claimed that the Ministry of Education and the PSC effectively managed the two teachers’ employment.
The respondents contended that the potential impact of halting the salaries of the two teachers, specifically on their paid-up memberships to different voluntary labor organizations, did not constitute a violation of their rights.
Court Quashes TSC’s Illegal Transfer of Teachers to PSC
