The Employment and Labour Relations Court at Milimani Commercial Centre issued a directive on Thursday, July 17, aimed at resolving a long-standing dispute between 57 stagnated teachers and the Teachers Service Commission (TSC).
The case, filed under the name Kethawa vs Teachers Service Commission and State Law Office, was mentioned before Honourable Justice Byram Ongaya, who directed immediate steps toward mediation and redress.
The order mandates the presence of top TSC officials, including the Chairperson and Chief Executive Officer, in the mediation process.
A mediator is to be appointed by Monday, July 21, 2025, and the process is expected to start without delay, with proceedings scheduled to conclude by September 1, 2025.
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In a major pronouncement, Justice Ongaya stated: “The cases be mentioned before the Deputy Registrar or Assistant Deputy Registrar on Monday… to identify an appropriate Mediator for purposes of Court Annexed Mediation.”
Ongaya pointed out the importance of direct participation by the affected parties, ruling: “The affected 57 teachers are to attend the mediation proceedings, every one of them.”
Also, the court clarified that if mediation efforts stall, a follow-up meeting will be held on October 22, 2025, to record outcomes and consider further directions.
Recognizing the logistical implications of hosting 57 affected teachers, the judge ordered that: “The Teachers Service Commission to provide the venue for the mediation proceedings.”
The orders come in response to the prolonged stagnation in career progression faced by many teachers, some of whom have remained in the same job group for over a decade.
This intervention by the judiciary seeks to restore dignity and fairness within the teaching profession.
Justice Ongaya concluded the session with a firm reminder: any disobedience of the orders issued could result in penal consequences. The orders now place the onus squarely on the Teachers Service Commission to comply and deliver a fair outcome in the weeks ahead.
By Joseph Mambili
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