Transferring teachers as a disciplinary measure deemed inappropriate by TSC

The Labour Relations Court in Nairobi has ruled that the Teachers Service Commission (TSC) violated the constitution by transferring teachers as a disciplinary measure. In a landmark judgment, the court declared that TSC does not have the authority to transfer teachers as a form of punishment.

Justice Byrum Ongaya delivered the far-reaching ruling, stating that TSC cannot impose transfers on teachers as a disciplinary action. Additionally, the court struck down the delegation of disciplinary matters by the commission to committees and junior officers who lack commissioner status.

The judgment arose from a case filed by Dorcas Chelegat, who was interdicted by her principal at Moi Girls Nairobi while serving as deputy. Justice Ongaya clarified that principals do not have the authority to interdict teachers unless the matter is brought before the commission for a formal disciplinary hearing.

In his ruling, Justice Ongaya highlighted that certain sections of TSC regulations granting its review committee final authority over teachers’ punishments are unconstitutional. He emphasized that committee members possess excessive voting powers that contravene the principles of natural justice and legal standards.

As a result of this verdict, TSC will need to explore alternative disciplinary measures for addressing misconduct among teachers. This ruling marks the end of a practice that had been commonly employed by the commission.

Notably, teachers who were previously transferred back to North Eastern due to security concerns may now have grounds for appeal, citing the illegality of their transfers based on the court’s decision. The ruling opens avenues for rectifying instances where teachers were subjected to transfers as punitive measures.