North Eastern Kenya teachers sue TSC over pay

 North Eastern region teachers demonstrating outside parliament building. (Photo: File/Standard)

Teachers who boycotted work in North Eastern Kenya over insecurity have moved to court in a bid to compel their employer Teacher Service Commission (TSC) to release their pay.

The 1,400 teachers moved to court under a certificate of urgency seeking to have TSC barred from withdrawing their names from its payroll. They also want TSC to release their February pay.

In the case before Employment and Labour Court, the teachers through their lawyer Hillary Kiprotich lamented that their plea to be transferred from the life threatening area had fallen on deaf ears.

They claim their employer held their salaries February salaries and threatened to take a disciplinary action against them in a bid to compel them get back to work.

"The applicants have been reporting and continue to report on a daily basis at the TSC offices from February 5 and it has refused to address them and their concerns over life threatening risks," the suit read in part.

The affected teachers had been deployed to Wajir Mandera, Garrisa and Kaparo in Baringo County.

TSC Secretary Gabriel Lengoiboni had said that TSC could only transfer individual teachers but it must adhere to merit and what the law says.

Jonnes Atambo, Jack Kinoti, Abel Wekesa, Daniel Karani and Putiry Mukani, representing the others, also urged the court to order they be transferred from the area saying that teaching there will endanger their lives.

"The respondent (TSC) has removed the applicants from its payroll and has already withheld their salaries for the month of February, 2015 and withdrawn benefits attached to their employment including house and other allowances and is likely to continue doing so,'' Kiprotich said.

Lengoiboni had already issued a warning to the teachers who have for the third month boycotted to return to work: "Any affected teacher who intends to leave service is free to do so."

TSC threatened to fire all the striking teachers and had advertised their jobs. In the adverts, TSC sought 452 teachers for secondary and 637 for primary schools in Garrisa, Mandera and Wajir.

TSC will be expected to respond to the case that has Kenya National union of Teachers (KNUT) as an interested party.

Separately, head teachers from Nyanza have backed their colleagues who have refused to go back to work in parts of North Eastern over insecurity.

Region's Kenya Primary School Head Teachers Association (Kepsha) chairman Shem Ndolo during a conference said some local teachers, mainly from Kisii and Siaya counties were affected during the ill-fated Mandera bus attack which claimed 28 lives.

The conference held at Nyamasaria Primary School was attended by more than 1,200 head teachers from Kisii, Nyamira, Kisumu, Migori, Homa Bay and Siaya.

Knut deputy Secretary General Charles Katege said action will be taken to ensure the teachers are relocated from Mandera, Wajir and Garissa counties.

"It is unfortunate that the affected teachers have had their February salaries withdrawn but we will ensure they get back to work in safer areas," said Katege.

Kepsha chairperson, Shem Ndolo urged the teachers to implement strategies learnt at the conference for better academic performance in their schools.

-Additional reporting by Anne Kerubo