Court quashes TSC guidelines on teachers' transfers and promotions

In Summary

• Employment and Labor relations Judge Byrum Ongaya on Friday said the Teachers Service Commission shall undertake the transfer of teachers being members but non-officials of KNUT in accordance with the provisions of the Code of Regulations of Teachers (CORT).

• The Judge also directed that the commission convenes a validation meeting for finalizing the performance measurement tools by December 1 this year for a roll out in January next year.

Education CS George Magoha, Teachers Service Commission, chairperson Nancy Nzomo and Secretary Nancy Macharia during the launch of the TSC Strategic Plan 2019-2023 at the Kenya School of Government on May 13,2019.
Education CS George Magoha, Teachers Service Commission, chairperson Nancy Nzomo and Secretary Nancy Macharia during the launch of the TSC Strategic Plan 2019-2023 at the Kenya School of Government on May 13,2019.
Image: ENOS TECHE

A labour court has ruled that teachers will only be transferred within the geographical areas they are elected to represent.

Employment and Labor relations Judge Byrum Ongaya on Friday said the Teachers Service Commission shall undertake the transfer of teachers being members but non-officials of KNUT in accordance with the provisions of the Code of Regulations of Teachers (CORT).

The Judge also directed that the commission convenes a validation meeting for finalizing the performance measurement tools by December for rollout next year.

 
 

TSC shall institute administrative steps for availing the tools to the individual teachers as their respective stations of deployment.

During the hearing, the commission had told the court that any attempt to stop performance measurement as being championed by KNUT would be unconstitutional.

The commission argued that performance management tools are management privileges of any employer used to measure the productivity of employees and cannot be stopped.



“It is against known labour practice world over for employees to dictate to the employer how they wish or ought to have their performance evaluated…,” said TSC’s lawyer

Court also said that once heads of institutions are members of the union they will enjoy full rights like other members of trade unions.

"The conferment upon the head-teachers, principals and other senior teachers what TSC called super scale salaries under CBA cannot justify denial of union membership or election rights," the court said.

KNUT Secretary General Wilson Sossion while applauding the ruling said TSC had launched an attack on the entire union by imposing the transfers.

 
 

He said, as a result, some 160,000 teachers would be driven out of the union.

Sossion who doubles up as a nominated MP further said TSC should adhere by the guidelines of the court.

With regards to promotions of teachers, Sossion said it should be conducted with regards to the code of regulations.

"This is a right for the teachers as provided for in Chapter 12 of the CBA. This must be centred on merit, duration of service and new academic qualification,” Sossion said.

He said their main contention has been that TSC wanted to run away from such basic guidelines as stipulated by the court.