TSC asks court to dismiss case challenging headteachers transfer

The Teachers Service Commission (TSC) has asked a court to throw out a case challenging the mass transfers of head teachers and their deputies.

In a reply filed before High Court judge George Odunga, TSC says it has powers to transfer head teachers to ensure the delivery of high quality education.

The transfers target 557 primary and secondary school head teachers.

Commission CEO Nancy Macharia said the policy targeted heads who had been in the same school for more than nine years.

According to TSC, the petitioner, who is Kenya National Union of Teachers (Knut) official John Wesonga, cannot represent the affected head teachers because they were not union members.

"The affidavit in support of the application has been sworn by Wesonga and the Knut Mumias branch executive secretary, representing principals yet the principals are in management and thus not unionised,” argued TSC lawyer Immanuel Mbita.

FORMAL PROOF

The commission also argued that the contested decision had not been attached to the court file and that it was based on hearsay as there was no formal proof.

“The application is fatally and incurably defective. For the reasons thereof, the respondent (TSC) prays that the chamber summons be dismissed and with costs,” TSC argued.

The teachers' union claims the mass transfers of school managers were not negotiated and agreed by the union and the affected school boards.

Knut Secretary General Wilson Sossion argues that the policy would break up families.

"Any policy that TSC proposes should be agreed upon by the unions, which are the teacher’s representatives,” said Mr Sossion.

The union argued that acting Education Cabinet Secretary Fred Matiang’i was interfering with TSC's functions.