TSC’s Latest Transfer Decision Ends Up in Court, Teacher Demands Sh50 Million.
The Teachers Service Commission (TSC) has been sued in the Employment and Labour Relations Court over the transfer of a teacher who alleges that the Commission violated his constitutional rights by transferring him despite his documented medical conditions. The petition seeks general damages amounting to Sh50 million and names the Teachers Service Commission, the Board of Management of Bidii Primary School, and the management of the school among the respondents.
According to court documents, Jeremiah Rianga, a teacher diagnosed with epilepsy, hypertension and diabetes, challenges his transfer from Bidii Primary School in Buruburu to General Service Unit (GSU) Primary School in Roysambu. He states that his previous duty station enabled him to remain close to his caregivers, who assist him during medical emergencies associated with his medical conditions.
The petition states that Mr Rianga initially received a transfer letter dated April 28, 2026, posting him to Dr Livingstone Primary School in Makadara. The letter was communicated to him through WhatsApp on May 5, 2026. Following receipt of the transfer, he lodged an appeal with the Teachers Service Commission seeking to have the decision reversed and requesting reinstatement to Bidii Primary School.
Court documents indicate that Mr Rianga appeared before the Nairobi Regional Transfer Committee on May 28, 2026, where he presented medical reports confirming that he is living with epilepsy, diabetes and hypertension. According to the petition, he informed the committee that his medical condition requires him to remain near his caregivers for emergency medical support.
The petition alleges that the committee dismissed his concerns and instead issued another transfer letter on the same day posting him to General Service Unit (GSU) Primary School in Roysambu. Mr Rianga contends that the new duty station is located farther from his residence and presents additional accessibility challenges because the school is situated within General Service Unit premises where movement is regulated.
Mr Rianga further alleges that the Teachers Service Commission failed to consider his medical circumstances and that the transfers were not undertaken for legitimate administrative purposes but were intended to victimise him after he declined to collect what he describes as unlawful levies imposed on parents at Bidii Primary School.
According to the court petition, the levies allegedly included:
- Remedial fees.
- Motivation fees.
- Diary fees.
- Development fees.
- Closed-Circuit Television (CCTV) fees.
The petition requests the Employment and Labour Relations Court to issue orders compelling the Teachers Service Commission to investigate the collection, management and utilisation of all funds collected from learners at Bidii Primary School. The petitioner also seeks general damages of Sh50 million for the alleged violation of his constitutional rights.
Mr Rianga additionally accuses Bidii Primary School Head Teacher Raphaera Nyaga Kanya of unlawfully disclosing his confidential medical records by allegedly sharing them in a school staff WhatsApp group. He states that the disclosure caused emotional distress and constituted a violation of his right to privacy.
The Employment and Labour Relations Court certified the matter as urgent and directed the Teachers Service Commission and the other respondents to appear before the court on July 14, 2026, for further directions.
The petition has been filed amid broader complaints by teachers in Nairobi regarding recent transfers undertaken by the Teachers Service Commission. According to affected teachers, hundreds of teachers serving in primary schools, junior schools and senior schools have protested transfers they describe as forceful, malicious and punitive, alleging that the transfers contravene the Teachers Service Commission regulations governing staff balancing.
The affected teachers allege that a common factor in many of the transfers is disagreement between teachers and school administrators regarding the collection of alleged illegal levies from parents.
One teacher transferred from Aga Khan Primary School in Westlands disputed claims that staffing rationalisation informed the transfer, alleging that overstaffing was cited to facilitate recruitment by the school’s Board of Management.
Another teacher, who stated that she has one year remaining before retirement, alleges that she was transferred through a swap arrangement without her consent while caring for her elderly mother diagnosed with dementia. She further claims that she was subjected to humiliation and that her motor vehicle was searched during the school clearance process.
Another teacher transferred from Baraka Primary School in Buruburu alleges that she was moved after failing to achieve tuition-related collection targets of Sh1,000 per learner per month for remedial classes conducted before and after normal school hours. She states that the transfer has resulted in a lengthy daily commute while she is nursing an infant.
Another teacher identified as Albert alleged that he was transferred from Buruburu Girls only two months after reporting to the institution. According to his account, he was required to attend meetings beginning at 6.30 a.m. and remain at the school until 10.00 p.m. before his transfer.
Contract teachers serving in junior schools have also raised concerns regarding the transfers. Some allege that they were transferred after participating in a peaceful demonstration outside Parliament Buildings on May 5, 2026, demanding absorption into permanent and pensionable employment.
One intern teacher, who requested anonymity, alleged that a transfer letter was issued by 8.00 a.m. on May 6, 2026, one day after participating in the demonstration. The teacher stated that the transfer increased daily transport costs to approximately Sh300 despite earning a monthly stipend of Sh17,000 and managing an existing medical condition.
According to the affected teachers, approximately 100 teachers have lodged appeals against the transfers with the Teachers Service Commission Regional Director for Nairobi based at Nyayo House.
The transfers have also drawn attention to the applicable legal and regulatory framework governing teacher deployment. Regulation 64 of the Teachers Service Commission Code of Regulations provides that teachers may be transferred to address staffing requirements, fill vacancies, facilitate staff replacements, accommodate medical considerations, or for other administrative reasons.
Read Also: Big Win for Teachers as Treasury Unlocks Delayed KNEC Payments
The dispute also references a judgment delivered on February 28, 2024, by Employment and Labour Relations Court Judge Byrum Ongaya, which held that the Teachers Service Commission has no authority to use transfers as a disciplinary measure against teachers.
The Employment and Labour Relations Court is expected to issue further directions on the petition during the scheduled mention on July 14, 2026.
TSC’s Latest Transfer Decision Ends Up in Court, Teacher Demands Sh50 Million.
Follow Teachers Updates on Facebook, LinkedIn, X (Twitter), WhatsApp, Telegram, and Instagram. Get in touch with our editors at hello@teachersupdates.news.
