KUPPET Leaders Win Case Against TSC’s Punitive Reassignments
Three executive secretaries from the Kenya Union of Post Primary Education Teachers (KUPPET) have successfully challenged their punitive reassignment back to teaching roles.
This decision was handed down by the Nyeri Labour Relations Court after the officials opposed unauthorized constitutional amendments within the union.
In a detailed ruling, Judge Onesmus Makau upheld the rights of the affected officials: William Lengonyiap from Samburu, Moses Kimwere from Isiolo, and Omondi Oluoch from Tana River.
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The court ruled that the actions taken against these officials were discriminatory, especially highlighting the case of Omondi Oluoch, who was reassigned to Migori, located hundreds of kilometers from his original work station.
The judge found this reassignment particularly punitive and unfair.
Key Points from the Judgment
- Terms of Service: Robert Miano, the Executive Secretary of KUPPET’s Laikipia Branch, reported that the court overturned the decision to send the officials back to teaching. He emphasized that the officials have clear terms of service lasting five years and can only be redeployed if they fail to be re-elected.
- Discrimination: The court found that singling out Lengonyiap, Omondi, and Kimwere for reassignment was highly discriminatory.
- Compensation: The ruling directed that the officials be paid their salaries and allowances for the duration they hold office.
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Costs and Accountability
The court also ruled that the Teachers Service Commission (TSC) and KUPPET are responsible for bearing the costs associated with the case, as they were deemed responsible for the petition.
KUPPET Leaders Win Case Against TSC’s Punitive Reassignments