The Employment and Labour Relations Court (ELRC) in Meru has intervened by suspending the recent decision made by the Teachers Service Commission (TSC) to reassign three senior officials of the Kenya Union of Post Primary Education Teachers (KUPPET) to teaching roles. The court, through Justice Onesmus Makau, granted the officials leave to apply for a judicial review order, effectively staying the decision pending the hearing and determination of the review suit.
Quick Summary
- ELRC in Meru suspends TSC’s decision to reassign three KUPPET officials to teaching roles.
- Justice Onesmus Makau grants the officials leave to apply for a judicial review order, which operates as a stay of the decision.
- The three KUPPET executive secretaries affected are William Lengoyiap of Samburu, Moses Kimwere of Isiolo, and Peter Omondi Oluoch of Tana River.
- The court orders KUPPET to continue paying the officials’ salaries and allowances pending the hearing and determination of the case.
- The case is scheduled for mention on February 8, 2024, virtually for direction.
Suspension of TSC’s Decision
Justice Onesmus Makau, of the Employment and Labour Relations Court in Meru, has suspended the recent decision by the Teachers Service Commission (TSC) to reassign three senior officials of KUPPET to teaching roles. The affected officials are William Lengoyiap of Samburu, Moses Kimwere of Isiolo, and Peter Omondi Oluoch of Tana River. The court’s intervention comes through the granting of leave for a judicial review order, which effectively stays the decision pending the hearing and determination of the review suit.
Court Orders and Provisions
The court has ordered KUPPET to continue paying the officials’ salaries and allowances during the suspension period. This ensures the financial stability of the officials while the judicial review process unfolds. The case is scheduled for mention on February 8, 2024, virtually for direction, indicating the court’s commitment to addressing the matter promptly.
Background of the Case
The three KUPPET executive secretaries moved to court on January 29, 2024, to challenge TSC, KUPPET, Commission Secretary and Chief Executive Officer Dr. Nancy Macharia, and KUPPET Secretary General over the decision to reassign them to teaching roles. In the posting letters dated January 23, 2024, Oluoch was directed to report to Uriri High School to teach Mathematics and Physics, Lengoyiap to Kirisia Secondary School and later Samburu Mixed Secondary School to teach Biology and Agriculture, while Kimwere was assigned to Waso Secondary School to teach Mathematics and Chemistry.
Judicial Review and Future Proceedings
The court’s decision to grant leave for a judicial review order signals a potential reconsideration of the TSC’s decision to reassign the KUPPET officials. The scheduled mention on February 8, 2024, will provide direction on the subsequent proceedings, ensuring a fair and thorough examination of the case.
Final Thoughts
The court’s suspension of TSC’s decision brings a temporary reprieve for the three KUPPET officials, emphasizing the importance of due process and fairness in employment matters. As the judicial review process unfolds, it will shed light on the legality and justifiability of the decision to reassign the officials to teaching roles.