West Pokot teachers' County Govt ignores court ruling

Early Childhood Development Education (ECDE) teachers, alongside other education stakeholders in West Pokot, have expressed deep frustration and disappointment over the county government’s failure to comply with a court order mandating salary adjustments for ECDE teachers.

This disregard for the judiciary’s directive undermines the rule of law and the rights of educators. The county government has failed to prioritise compliance with legal rulings and address the longstanding salary, promotion, and allowances grievances of ECDE teachers.

The disgruntled teachers are in rude shock after realising that their allowances had not been factored into their July Salaries as promised earlier.

Speaking to Education News after an exclusive interview, several teachers, on condition of anonymity, stated that they had downloaded their payslips and could confirm the same.

“Why should we be taken for granted by our employer even after signing so many concessions to alleviate the once impending industrial action?”

“As it stands now, the inevitability of an unspecified action by the teachers is certainly imminent since the tempers of the teachers are flaring”

“I can confirm without any contradiction that things on the ground have reached the boiling point,” they stated.”

“Imagine our spouses and children were very sure that all the financial constraints that we had were going to be resolved in July, just to get a rude shock, some of our marriages are now hanging in the balance, ” they said.

“The payslips have sent shock waves across the entire West Pokot County and the nation at large”

Since early 2023, a group of 40 ECDE teachers has challenged the County Government of West Pokot in the Employment and Labour Relations Court in Kitale.

Their Statement of Claim, filed on February 7, 2023, alleged that their contracts, which ran from April 1, 2022, were terminated via one-month notices issued on January 3, 2023, which took effect on January 16. Claiming these notices were unlawful and procedurally improper, the teachers sought reinstatement, unpaid salary arrears, and terminal benefits. They filed an urgent motion on February 7 for interim orders to halt the implementation of the terminations.

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On February 15, 2023, the court granted urgent interim injunctive relief, halting the one-month termination notices and preserving the teachers’ employment status pending the full hearing.

In the ensuing months, the court issued further orders: on November 30, 2023, it reminded county officials to uphold the injunction, and again on February 27, 2024, it restrained the County Public Service Board from recruiting replacements. On May 28, 2024, the court required proof that affected teachers had been deployed and were receiving their rightful salaries, while suspending any ongoing recruitment.

The county raised a preliminary objection on March 18, 2023. It pointed out that the ECDE teachers hadn’t exhausted statutory appeal routes through the Public Service Commission under Section 77 of the County Governments Act and thus had prematurely invoked the court’s jurisdiction. It also challenged procedural aspects of the pleadings and contested the contempt allegations, asserting that no deliberate violation of court orders had occurred.

In its July 3, 2025, ruling, the court dismissed the county’s preliminary objection, reinforcing that constitutional and labour grievances may bypass alternative dispute mechanisms when alleging violations of fundamental rights. It emphasised that procedural technicalities cannot curtail access to justice under Article 48 and that urgent claims of unfair dismissal fall squarely within its ambit.

Regarding the contempt allegations, the court found no clear evidence of willful non-compliance by county officials and therefore declined to impose sanctions, issuing a stern warning against future breaches.

With those objections resolved, the court allowed the consolidated claims E001 & E002 of 2023 to proceed to a full hearing. It confirmed the continuation of interim orders preserving the teachers’ employment status and granted leave to refine their pleadings within 14 days.

This ruling marks a crucial procedural victory for the ECDE teachers—it keeps their substantive claims for reinstatement, salary arrears, and benefits alive, while reinforcing that constitutional labour protections cannot be sidelined by county administrative actions.

By our reporter

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