Court lifts orders stopping teacher recruitment in four counties

The Employment and Labour Relations Court has lifted orders that had stopped the Teachers Service Commission (TSC) from recruiting tutors in four counties.

In a ruling on Wednesday, Justice Jemimah Keli vacated earlier orders issued on February 3.

The judge said there was no evidence to show that the recruitment was discriminatory.

She also noted that the petitioners would not suffer any prejudice since they had applied for the advertised positions.

The orders had halted the shortlisting, interviewing, recruitment and deployment of teachers to positions said to be currently held by three contract teachers in the four counties.

In January, Justice Keli had issued interim orders stopping TSC from proceeding with the recruitment in Mandera, Wajir, Garissa and Lamu after an urgent application by Titus Kilonzo, Johnson Munyoki and Lawrence Kirimi George.

The teachers argued that TSC had re-advertised the positions they occupy despite no natural attrition having taken place.

They claimed the move amounted to discrimination and constructive dismissal.

They told the court that while junior secondary school interns across the country were being confirmed to permanent terms without reapplying, contract teachers in North Eastern region and Lamu were being forced to compete for their own jobs.

They also challenged a clause in the advertisement stating that preference would be given to applicants who TSC has not previously employed.

They argued this unfairly locked them out and violated Article 27 of the Constitution on equality and freedom from discrimination.

The petitioners warned that if the recruitment went on, they risked losing their jobs and becoming destitute after serving in hardship and insecure areas.

However, in its application to set aside the orders, TSC argued that the conservatory orders had been obtained through non-disclosure of material facts.

TSC further maintained that the recruitment exercise is lawful and constitutionally grounded.

“The process of teacher recruitment is anchored in the Constitution and the Teachers Service Commission Act and is therefore lawful and procedural,” argued the employer.

TSC told the court that the petitioners had not demonstrated how the process was discriminatory. It further argued that the teachers had already applied for the advertised vacancies, meaning they stood to compete like other applicants and would not suffer prejudice.

The commission also disputed the claim that the advertised posts were specifically tailored to remove the petitioners from their stations, insisting that recruitment is done to address staffing needs in line with policy and available vacancies.

The commission added that halting the exercise would negatively affect staffing in hardship areas and is not in the public interest.

“The continuation of the conservatory orders will occasion disruption in the staffing of schools in the affected counties and prejudice the public interest."

TSC urged the court to allow the exercise to proceed in the public interest, saying halting the process would disrupt staffing in already understaffed and hardship areas.