- The Employment and Labour Relations Court has declined to halt the TSC transfer of former Highway Secondary School Principal Patrick Irungu Nduati to Katani Secondary School.
- TSC has defended the transfer as a management decision linked to repeated unrest and two fire incidents at Highway Secondary School, while maintaining that Nduati’s rank and salary remain unchanged.
- The court has directed both parties to file written submissions, with the case set to be mentioned again on December 10, 2026.
The Employment and Labour Relations Court in Nairobi has declined to suspend the transfer of former Highway Secondary School Principal Patrick Irungu Nduati to Katani Secondary School, allowing the Teachers Service Commission (TSC) deployment to remain in force as the dispute proceeds.
Lady Justice Agnes Nzei declined to grant interim orders sought by Nduati, who had challenged his deployment and asked the court to stop its implementation pending determination of his case. Through his lawyer, Augustine Orina, the former principal argued that the transfer amounted to a demotion, since he had moved from Highway Secondary School, described in court as a C1 institution, to Katani Secondary School, which he described as a C3/C4 institution. Orina also told the court that his client is 58 years old and approaching retirement after rising to the rank of Chief Principal, and therefore required protection from the court. However, counsel confirmed that Nduati had already reported to Katani Secondary School and assumed responsibility for the institution before later handing over the administration of Highway Secondary School.
TSC, through lawyer Jared Gekombe, opposed the application, arguing that the transfer had already been implemented by the time the Commission’s Legal Directorate was served with the court papers on September 11, 2026. The Commission further submitted that Nduati had not exhausted the internal appeal mechanism provided in his transfer letter, which gave an aggrieved teacher 14 days to challenge the decision, and that no appeal or formal complaint had been lodged with the Commission before the matter was taken to court.
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The Commission defended the transfer as a management decision arising from repeated unrest at Highway Secondary School, including two separate fire incidents that destroyed dormitories. TSC relied on Ministry of Education investigation reports which, according to the Commission, raised concerns over school management, implementation of recommendations and learner welfare. The Commission also told the court that Nduati had previously informed it that his continued stay at Highway Secondary School had become untenable because of security concerns and had requested a transfer.
On the alleged demotion, TSC maintained that Nduati remains a Chief Principal in Grade D5 and has not lost his salary, benefits, rank or employment status. The Commission argued that the July 2026 Collective Bargaining Agreement circular sets minimum grades required to head certain categories of schools but does not mean every D5 Chief Principal must serve in a C1 or C2 institution, maintaining that a D5 principal can be deployed to another school depending on operational requirements.
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The Commission also rejected claims that the transfer would cause significant disruption, noting that Katani Secondary School is within the Nairobi Metropolitan Area and does not require major relocation arrangements.
The court declined to issue interim orders stopping the transfer and directed the parties to file written submissions. The case will be mentioned on December 10, 2026, to confirm compliance and pave the way for the court to set a date for its ruling. The decision means the TSC deployment remains in force as the substantive dispute over Nduati’s transfer continues before the court, with the national examinations approaching.
By Jeff Kirui
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