The Employment and Labour Relations Court (ELRC) in Meru has suspended the recent decision the Teachers Service Commission (TSC) took to return three senior officials of the Kenya Union of Post Primary Education Teachers (KUPPET) to class under unclear circumstances.
Justice Onesmus Makau in the orders issued yesterday granted them leave to apply the judicial review order, which will operate as stay of the decision pending hearing and determination of the review suit.
The three executive secretaries are William Lengoyiap of Samburu, Moses Kimwere of Isiolo, and Peter Omondi Oluoch of Tana River.
“The application is herein be granted leave to apply for an order of centriori to remove to this honourable court, for quashing, the decision of the 1st Respondent (the TSC) contained in its letters dated January 23, 2024, purporting to remove them from their Position as KUPPET Executive Secretaries and posting them to various schools. The applicants (Lengoiyap, Kimwere, and Oluoch) herein be granted leave to apply for an order of probibition forbidding the 1st Respondent (TSC) from unilaterally removing the applicants from office without due process,” ordered Justice Makau.
The court has further ordered KUPPET to continue paying the officials salaries and allowances pending the hearing and determination of the case, which will be mentioned on February 8, 2024 virtually for direction.
They had moved to court on January 29, 2024 to sue TSC, KUPPET, Commission Secretary and Chief Executive Officer Dr Nancy Macharia, and KUPPET Secretary General over the recent move to pluck from office and install them in class.
In their posting letters dated January 23, 2024, Oluoch was asked to report to Uriri High School to teach Mathematics and Physics in a letter signed by Catherine Wachira (Migori TSC County Director).
Lengoyiap was posted to Kirisia Secondary School and later on to Samburu Mixed Secondary School to teach Biology and Agriculture, while Kimwere was whittled to Waso Secondary School to teach Mathematics and Chemistry.
Both letters were signed by one Tola Jilo for TSC Secretary and Chief Executive Officer Dr Nancy Macharia.
By Roy Hezron
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