The Employment and Labour Relations Court at Kitale Law Courts has ordered West Pokot County to honour Early Childhood Development Education (ECDE) teachers’ salaries or face judgement following the ruling on November 19, 2025, in a case brought by the Kenya Union of National Nursery and Primary Education Teachers (KUNNOPET) against the County Secretary of West Pokot County Government and others.
The matter which was heard and determined by Lady Justice Maureen Onyango, carries significant implications for ECDE teachers in West Pokot County who have been awaiting lawful remuneration for an extended period. The ruling constitutes a firm judicial pronouncement intended to compel the county government to adhere to statutory salary structures and to respect the constitutional rights of teachers to fair pay.
The court made several clear and binding determinations, which are intended to ensure that the county government complies with the law and pays teachers their correct salaries without delay or discr imination. The first determination was of particular significance as it recognised the union’s legal standing to pursue the matter on behalf of the teachers. The court granted KUNNOPET the right to apply for a conservatory order, thereby authorising the union to seek injunctive relief compelling the county government to pay ECDE teachers. This decision reflects the court’s acknowledgment that there exists a credible legal basis for the teachers’ claim, and that urgent judicial intervention is necessary to prevent further harm and injustice.
On January 27, 2026, the matter proceeded in court; however, the employer did not appear. Notwithstanding the absence of the employer, the court proceeded to hear the case and emphasised that the matter would continue and a ruling would be issued with or without the employer’s presence. This development is significant in that it demonstrates the court’s commitment to ensuring that justice is not obstructed by non-attendance. The court’s stance is a clear reminder that the legal process cannot be undermined by deliberate absence, and that the administration of justice must continue without undue delay.
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The court further emphasised that the failure by the county government to honour the teachers’ salaries constitutes a breach of legal obligations and a violation of the teachers’ rights to fair remuneration. The court’s decision to allow the application for a conservatory order is therefore not merely procedural; it is a substantive acknowledgement that the teachers have suffered due to unlawful non-payment, and that the court has a duty to provide effective relief.
The second determination by the court is the most substantial and directive. The court ordered the West Pokot County Government to pay ECDE teachers their correct salaries, and the amounts were clearly defined according to the teachers’ academic qualifications. Certificate holders must be paid Ksh29,700, diploma holders must be paid Ksh34,750, and degree holders must be paid Ksh54,300.
The court further clarified that these salaries must be paid to all KUNNOPET members, thereby ensuring that no teacher is excluded from the benefits of the order. This part of the order is particularly stressed because it constitutes a direct judicial command to the county government to comply fully and immediately, leaving no room for negotiation or delay. The court’s intention is to ensure that the county government respects the law and fulfils its obligations without further procrastination.
The court also directed that KUNNOPET must file a judicial review application within 21 days, and that the county government must respond within 21 days after being served. This directive is intended to ensure that the legality of the county government’s actions is subject to judicial scrutiny, and that any irregularities are addressed through lawful channels. The timelines set by the court are strict and are meant to prevent unnecessary delays, ensuring that the matter progresses expeditiously and is not left unresolved for an extended period.
The court further set February 24, 2026 as the date of hearing the case, which will provide an opportunity for the court to assess progress and compliance. This hearing date is of particular importance as it allows the court to determine whether the county government has complied with the order and whether the judicial review application is progressing as required. It is also a mechanism for holding the county government accountable and ensuring that the order is not disregarded.
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The absence of the employer, as observed on January 27, 2026, underscores the disrespect shown to the court and to the teachers. When an employer fails to appear in court, it undermines the rule of law and indicates a disregard for judicial authority. However, the court has made it clear that such non-attendance will not be tolerated. The matter will proceed, and the ruling will be delivered regardless of the employer’s presence. This is a clear reaffirmation of the principle that the administration of justice must not be impeded by deliberate evasion.
Following the developments in court, the union, through its Secretary General Samwel Opiyo, has appealed to teachers to fully abide by the law as the union pursues the matter further in a court of law. Opiyo expressed optimism regarding the outcome, stating that the ruling represents a significant victory for teachers, parents, and learners alike. He reiterated that the union remains committed to the legal process and urged all stakeholders to maintain calm and adhere to the law as the matter proceeds.
Finally, the court made it clear that if the county government does not comply with the order, they will face legal consequences. This warning is strongly emphasised because it demonstrates the court’s resolve to enforce its orders and to ensure that justice is served. The county government cannot ignore the order or delay payment without facing penalties. The court’s warning is intended to deter further non-compliance and to ensure that the teachers receive their rightful salaries without further excuses.
Overall, this court order represents a significant victory for ECDE teachers in West Pokot County. It clearly defines their rightful salaries and compels the county government to pay them without delay. The ruling also reinforces the principle that public employers must respect and implement salary structures for teachers, and that failure to do so will not be tolerated. ECDE teachers have waited for too long, and this ruling is a clear sign that justice will ultimately prevail.
By Hillary Muhalya
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