Knut Mumias branch secretary-general John Wesonga. FILE PHOTO | NMG
Summary
- TSC told the High Court it is constitutionally empowered to transfer any teacher employed in public schools to promote equitable distribution and optimal utilisation of tutors.
- The commission was responding to a suit filed by Kenya National Union of Teachers (Knut) Mumias branch secretary-general John Wesonga, who is also Knut National Executive Council member.
The teachers employer has defended recent mass transfer of
school heads, saying it is legally mandated to do so and that the tutors
had committed to work anywhere in the country on their hiring.
The
Teachers Service Commission (TSC) told the High Court it is
constitutionally empowered to transfer any teacher employed in public
schools to promote equitable distribution and optimal utilisation of
tutors.
“The commission reserves a regulatory
discretion to transfer a teacher to any station at any time regardless
of a transfer request or not. All teachers are well aware that they can
be transferred at any time to serve in any part of the country,” said
the TSC in court papers.
The commission was responding
to a suit filed by Kenya National Union of Teachers (Knut) Mumias branch
secretary-general John Wesonga, who is also Knut National Executive
Council member.
The TSC developed a Code of Regulations for Teachers 2015, which
is an integral part of the 2017/2021 Collective Bargaining Agreement
(CBA) signed by the tutor’s unions and registered at the Employment and
Labour Relations Court.
Mr Wesonga claimed that the
Cabinet Secretary, Ministry of Education issued a directive to the TSC
on December 22, 2017 to immediately effect mass transfers of secondary
school principals across the country in an unreasonable, arbitrary and
irrational fashion without due regard to the laid down policy on such
transfers.
“A number of the affected secondary school
principals have established families within the surrounding of their
current stations and the arbitrary actions by TSC will greatly affect
their family obligations,” said Mr Wesonga in court papers.
He alleged that Education CS interfered with the independence of the TSC.
The input by the affected teachers was also not taken into account.
He
wants the decision to effect mass transfers stopped until the laid down
policy guidelines and legal considerations are complied with.
The
TSC, however, said the orders being sought have been overtaken by
events as the principals have handed over and taken over in their new
stations.
The case will be heard on March 20.
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