A retired secondary school principal wants the court to order the Teachers Service Commission (TSC) to declare how many hours teachers are supposed to work per week.
In his petition filed at the High Court in Nyeri, Ephraim Mwangi Gichigua argues that TSC owes teachers millions of shillings in unpaid overtime and off-duty allowances.
He also wants the commission compelled to give 30 days’ notice before transferring any teacher.
Gichigua is seeking Sh18 million in compensation from his former employer, who he accuses of violating his rights under the Employment Act.
"Teachers in this country are subjected to long working hours. Sometimes principals are forced to wake up in the middle of the night. This is due to a lacuna where no stated hours are enumerated in teachers' appointment letters," Gichigua avers in this plaint.
He argues that normal working hours should be 45 per week, translating to eight hours from Monday to Friday and five hours on Saturday.
Longer hours
Gichigua says TSC does not follow normal working hours and that teachers work longer hours without the benefit of overtime allowances paid in other professions.
He stresses that this has brought strain in the teaching profession, where most teachers are not aware of their rights regarding working hours.
Gichigua argues that TSC has over the years violated section 27 of the Employment Act, which stipulates working hours for all employees.
He wants the court to compel the commission to observe the law.
Gichigua also wants the employer to give teachers adequate notice before transferring them to new stations. He argues that it is unconstitutional to move teachers under duress and suggests a minimum of a 30-day notice.
The petitioner points out that currently, teachers are transferred from one station to another without notice and without considering their health status and their families.
Gichigua cites his experience as principal at Kanyama Secondary School in Mathira in 2000, when he was abruptly transferred to Kihome Secondary School in Othaya, which, he says, was unconstitutional.
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He says he was abruptly demoted in 2013 and posted as an ordinary teacher at Rugathi Secondary School, which he declined and took a study leave before being posted to Thogoto Teachers College in 2018.
He states that while at Thogoto, he opted to retire after one year due to "persecution by TSC".
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