Teachers Sue TSC to Block New Hardship Allowance Zoning Plan.
Teachers stationed in remote and arid parts of Kenya have filed a petition in court seeking to stop the government from implementing a reclassification plan that could strip hardship allowance benefits from over 129 sub-counties.
If implemented, civil servants could lose up to Sh6 billion annually in allowances. The Kenya Teachers in Hardship and Arid Areas Welfare Association (Kethawa) is challenging the proposal, citing lack of consultation and transparency in its formulation.
Kethawa is contesting the intended adoption of the 2019 Inter-Agency Technical Committee Report on Hardship Area Reclassification. According to the petition, the report affects 44 regions across 35 counties, all of which continue to face poor infrastructure, insecurity, inadequate healthcare, and under-resourced schools. Teachers in these regions have historically received hardship allowances to compensate for the unfavorable working conditions.
The petition alleges that the report, which categorizes hardship regions into “Extreme” and “Moderate,” was developed without public input, scientific research, or stakeholder engagement. Some counties and sub-counties are also set to be excluded altogether from the hardship list.
Prime Cabinet Secretary Musalia Mudavadi informed the National Assembly that the new zoning plan could cut hardship allowances from Sh25.9 billion to Sh19.5 billion. He explained that the initiative was part of a broader effort to streamline public service expenditure.
Currently, the Civil Service, Judiciary, county governments, and State Corporations recognize 16, 21, and 44 hardship areas respectively. Teachers’ representatives argue that despite these figures, existing disparities in allowance allocation remain.
Lady Justice Hellen Wasilwa issued a court order on May 9, 2025, directing that the petition be served to the Teachers Service Commission (TSC), Salaries and Remuneration Commission, Public Service Commission, Attorney General, and Prime Cabinet Secretary. The case is scheduled for an inter partes hearing on May 20, 2025.
Threat to Service Delivery and Workers’ Rights
Kethawa warned that the reclassification would lead to mass withdrawal of teachers and civil servants from remote regions, crippling service delivery. It urged the court to suspend the report’s implementation and compel the government to reveal its zoning criteria and organize public hearings.
They said the withdrawal of hardship allowances would violate public servants’ right to fair labor practices, fair administrative action, and equal treatment under the Constitution. According to the petition, “the sudden actions taken without proper notice and consultation offend the principles of transparency, accountability, and procedural fairness.”
Kethawa added that the move infringes on international agreements to which Kenya is a signatory. They referenced ILO Convention No. 131 on Minimum Wage Fixing, which emphasizes inclusive consultations and wage-setting transparency.
The association expressed concerns that removing hardship allowances would deepen existing inequalities in underserved areas. It stated that “public servants would be forced to abandon posts due to lack of incentives, worsening regional marginalization.”
They also warned that the process behind the report violated several constitutional principles. “The categorization is arbitrary, with no rational framework. Some regions are left out entirely without justification, which violates the equality clause,” said the petition.
In 2019, the lowest-paid teachers earned about Sh3,055 in hardship allowances monthly, while the highest received up to Sh13,479. These rates later increased, with some teachers currently earning between Sh10,900 and Sh38,100. Kethawa insists that these figures are still insufficient given the harsh environments in which teachers work.
Mr. Wangonya Wangenye, Kethawa National Secretary, warned: “Take note that failure to incorporate our input in the 2025 to 2029 CBA will be met with all manner of lawful resistance from teachers working in hardship and arid areas.” He added, “We shall not sit back as discrimination backdating many years is perpetuated against our members.”
“Your quick and prompt action is hereby called for,” he told the Nation, emphasizing the urgency of the matter.
Reliefs Sought by Petitioners
Among other reliefs, Kethawa wants the court to declare the report’s implementation unlawful unless full public participation is conducted. They also seek the suspension of the proposed reclassification and demand disclosure of the criteria used to identify hardship zones.
The association maintains that any such decision must be informed, inclusive, and consistent with both national and international legal standards.
Education Principal Secretary Prof Julius Bitok assured teachers that their concerns have been acknowledged and emphasized the government’s commitment to supporting educators, especially in challenging environments.
Bitok noted that teachers are vital to Kenya’s national development and should not endure unnecessary hardships, particularly in areas facing infrastructure and security challenges. He underlined that teachers, being the backbone of the education system, need to be supported. “Teachers should not be made to suffer, especially in areas with significant challenges,” he remarked during his address in Eldama Ravine.
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His comments were made in light of growing opposition to the Salaries and Remuneration Commission’s (SRC) proposal to remove parts of the North Rift and Elgeyo Marakwet from the list of designated hardship areas. Teachers and unions have strongly opposed this move, warning that it would negatively impact educators working in these regions.
Julius Melly, the Chairperson of the Parliamentary Education Committee, supported the retention of hardship allowances. He explained that such allowances are essential for motivating and retaining teachers in remote, challenging areas.
“This allowance is not a privilege but necessary for teachers working under tough conditions. Scrapping it would hurt the education sector,” Melly stated.
Teachers Sue TSC to Block New Hardship Allowance Zoning Plan
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