Teachers working in arid and hardship regions have filed a constitutional petition seeking to block the Teachers Service Commission (TSC) from implementing a controversial decision that excludes them from the current promotion cycle.
In a petition filed under a certificate of urgency, the teachers in Hardship and Arid Areas Welfare Association (KETHAWA) accuses the Commission of unfairly removing 1,864 teachers from nine counties — Samburu, Mandera, Garissa, Wajir, Lamu, Isiolo, Tana River, Turkana, and Marsabit —from the promotion list outlined in TSC’s Status Report on the Resolution of the Departmental Committee on Education Regarding Teachers’ Promotions, dated May 22, 2025.
Through their advocate, Theodaos Oriund, the petitioners state that the decision, if implemented, “will result in discrimination of the minorities of teachers serving in these historically marginalized areas.”
They argue that the action violates several constitutional provisions including Articles 10, 27, 41, 43, 47 and 56, which relate to social justice, equity, fair administrative action, and the rights of marginalized groups.
RETHAWAY warns that the implications of the report go beyond individual career progression and threaten the stability of education systems in affected regions. According to the filing, “The effect of implementation of this report will cause irreparable harm, including demoralization, breakdown of public services in hardship areas, and potential industrial unrest across multiple counties.”
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The welfare association has requested the court to issue conservatory and injunctive orders suspending the implementation of the promotions.
They argue that unless stopped, the Commission’s decision will harm teachers and jeopardize service delivery and deepen regional inequalities.
The petition adds that the matter is not just administrative but a grave constitutional issue affecting national cohesion and the right to quality education in underserved areas.
“This matter raises substantial constitutional questions of public interest affecting thousands of teachers and vulnerable populations in historically marginalized regions,” states the certificate of urgency.
The association believes that sidelining teachers from hardship areas contradicts the national goal of inclusive development and equitable education access and calls on the judiciary to act swiftly in safeguarding both teacher welfare and public interest.
The court is expected to issue directions on the petition in the coming days.
By Joseph Mambili
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