Inside the government’s proposal to move TSC teachers to PSC.
Plans to move teachers from TSC to PSC have been shelved. The Labour and Industrial Relations Court has ruled that the transfer of teachers from the Teachers Service Commission (TSC) to the Public Service Commission (PSC) is illegal.
The court has restored the salary of two tutors, Evans Morara Nyangongo and Charles Moraro Mogunde, who were placed under interdict for refusing to transfer from TSC.
Kisumu’s Justice Christine Baari asserted the transfer’s unconstitutionality, citing a previous court decision that invalidated a government circular authorizing comparable transfers.
Referencing the contentious Circular No. 17/2018, Judge Baari mentioned that it was initially declared illegal by the Nairobi Labour Court in Petition Number 97 of 2018.
“It goes without saying that the circular under which the two teachers were relocated has been found invalid, raising questions about whether the rights of the two teachers were violated. Nothing legal may be said to arise from an illegality, hence any activity taken there cannot be considered legitimate, the judge stated.
With effect from August 1, the TSC’s circular directed the Ministry of Education under the PSC to assume responsibility for the roles of lecturers, teachers, instructors, trainers, and institutional managers that were under its payroll on June 30, 2018.
Judge Baari has ordered the two professors to resume their jobs right away and that the government organizations they sued should cover the costs of the legal action.
Plans to Move Teachers from TSC to PSC Have Been Shedded
However, because the teachers were unable to produce documentation of their termination, she denied their request for special damages.
The teachers argued that they were TSC workers because they were hired between 1998 and 2009.
While Mogunde taught chemistry and physics before being moved to Mawe Technical Training Institute, Nyangongo claimed to have worked in a variety of secondary school roles and to have taught biology and agriculture.
A number of government entities, including the Attorney General, PSC, TSC, Education Cabinet Secretary, and Principal Secretary, were sued by the impacted parties. They requested declarations that their relocation was illegal and unconstitutional, as well as compensation for rights that had been infringed upon.
They said that their transfer against their will violated their rights under the Constitution and employment laws by changing their job descriptions and denying them benefits as TSC workers.
Teachers said they had experienced emotional distress, anguish, and violations of their dignity as a result of the forced transfer.
In response, the respondents defended the action, saying it was both lawful and necessary for technical and vocational institutions to run efficiently.
Plans to Move Teachers from TSC to PSC Have Been Shedded
They maintained that the two teachers’ employment had been suitably supervised by the PSC and the Ministry of Education, and that their rights had not been infringed upon by the pay suspension.
Inside the government’s proposal to move TSC teachers to PSC.
More Teachers Updates
Follow Us on Telegram.