Court orders more teachers sent to Baringo

The Teachers Service Commission (TSC) has been ordered to replace 16 teachers in Koibatek Sub County who left the service one year ago.

Employment and Labour Relations Judge Hellen Wasilwa said the move by TSC to advertise jobs on June 2 to replace teachers who left the service, and to deliberately leave out schools in Eldama Ravine constituency, Baringo County was unlawful and discriminatory.

“It is the court’s finding that the commission failed to fulfill its obligation to the residents of Koibatek as they fulfilled for other regions,” Justice Wasilwa said in her judgement.

Wasilwa noted the refusal by TSC to include schools in the constituency in the list of schools to benefit from replacement is in contravention of the Constitution.

In her ruling, Wailwa agreed with the petitioner Robert Cheruiyot that TSC’s policy on teachers’ recruitment and replacement had changed following the Government embargo in 1998 on employment of trained teachers.

The judge noted the new policy on teacher recruitment is based on demand and availability of vacancies caused by either transfers or natural attrition.

Data discrepancy

“The discrepancy between TSC’s data, that of their office in Kobatek and the area Divisional Education Officer can only be reconciled by the commission which it has not been. I therefore find that in the period in question, 18 teachers were transferred out of Koibatek and only two were replaced leaving a gap of 16,” Justice Wasilwa ruled.

Lawyer Jason Ondabu successfully petitioned the court to declare TSC’s failure to replace 16 teachers who were transferred from schools in Eldama Ravine Constituency in 2014-2015 unconstitutional.

He submitted that TSC’s advertisement seeking to replace teachers who left the service in Koibatek Sub County and the number of posts advertised does not tally with the positions available.

“The commission’s move to advertise only two positions and yet the vacancies available for replacement were 18, did not reflect the true position on the ground,” Ondabu submitted.