- The court has reinstated Benrodgers Musyoki Titu’s transfer after reviewing interim orders issued last month.
- Justice Anna Ngibuini Mwaure cited new information, student unrest and risks facing KCSE candidates at Poroko Friends.
- The ruling comes days after another court declined to suspend TSC’s transfer of a Highway Secondary principal.
The Employment and Labour Relations Court has reinstated the transfer of Poroko Friends Day Secondary School Principal Benrodgers Musyoki Titu and ordered that it take effect immediately.
Justice Anna Ngibuini Mwaure, in a ruling delivered virtually at Nakuru on Thursday, October 2, 2026, reviewed interim orders issued on September 21 that had temporarily stopped Titu’s transfer from Poroko Friends Day Secondary School to Mau Secondary School.
The court had initially stopped the transfer after being informed that Titu lived with his daughter, who is sitting the Kenya Certificate of Secondary Education (KCSE) examinations, and that moving him before she completed the examinations would affect her accommodation.
However, the Teachers Service Commission (TSC) returned to court on October 1 with fresh information, including that the school has a boarding section and that the principal’s daughter is a Form Four Blue student accommodated in the Upper Girls’ Dormitory.
The Commission also informed the court that students had gone on a rampage and threatened to burn the school, resulting in its closure on October 1 and learners, including KCSE candidates, being sent home.
Justice Mwaure said the changed circumstances required the court to intervene in the public interest.
“However, given the risk involved now that the school has been closed and students have been sent home, including the KCSE candidates, it is prudent that the court make a decision to safeguard public interest,” the judge said.
The judge identified the disclosure that Poroko Friends has a boarding section as new information that had not been available to the court when it granted the September 21 orders.
“Having said so, the issue of the school having a boarding section is new information and so the court concedes to review its orders issued on 21st September 2026,” Justice Mwaure ruled.
The court also cited Article 237(2) of the Constitution, which gives TSC the mandate to transfer teachers and perform other teacher-management functions.
Justice Mwaure said the decision also took into account the wider Poroko Friends student community, particularly KCSE candidates who could be at risk of missing the national examinations.
She consequently reinstated Titu’s transfer letter dated September 11.
“In view of the foregoing, the court now orders the transfer letter of the Petitioner Ref No. TSC/RVR/336550/32 dated 11th September 2026 be reinstated and allowed to take effect forthwith,” the judge ruled.
The ruling effectively removes the interim protection that had prevented TSC from implementing the transfer.
However, the court made clear that it has not determined the substantive dispute between the principal and TSC.
“The Court will still hear all the parties and interrogate all the issues, but it is important to mitigate this crisis of students,” Justice Mwaure said.
The respondents have seven days to respond to Titu’s September 20 application, while the principal has an equal seven days to respond to TSC’s October 1 application.
The matter will be mentioned on October 19 to confirm compliance and issue further directions.
The judge also ordered that should Titu’s daughter become a day scholar, the school must provide her with accommodation during the examination period.
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TSC moved to court after unrest
TSC had filed its application under a certificate of urgency on October 1 following serious unrest at the school.
Through advocate Jared Gekombe, the Commission told the court that students had gone on strike and reportedly threatened to destroy school property using petrol.
“Serious unrest erupted at Poroko Friends Day Secondary School, with students engaging in a strike and reportedly threatening destruction of school property using petrol,” TSC stated in its application.
TSC said the threatened destruction involved facilities and infrastructure intended for use during the forthcoming KCSE examinations and argued that damage could compromise examination preparations and administration.
“The unrest demonstrates that the tensions, divisions and grievances which necessitated the Petitioner’s transfer remain active and unresolved and now pose an immediate risk to the institution,” the Commission told the court.
In its application, TSC had asked the court to discharge the September 21 conservatory orders and reinstate the transfer so that it could “take effect forthwith.”
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TSC cites complaints and examination concerns
The Commission also placed before the court complaints and reports it said preceded its decision to transfer Titu.
According to an affidavit sworn by TSC Acting Director Staffing Dr Samuel Marigat, the Commission had received complaints involving teachers, parents, community members, KUPPET officials, the school sponsor and other stakeholders.
Marigat said KUPPET Narok Branch wrote to the Commission on June 16 raising concerns about the situation at the school. He said the union documented staff divisions and institutional tensions and recommended the transfer of Titu and another teacher as an intervention to restore stability and professionalism.
The affidavit says Friends Church (Quakers) Kenya, the school sponsor, also raised concerns over administration, discipline and the learning environment and requested a change in administration.
TSC maintained that the transfer was administrative rather than disciplinary.
“The transfer was therefore Commission-initiated and not teacher-initiated and the transfer was neither disciplinary nor punitive,” Marigat stated.
According to the Commission, the September 11 transfer did not affect Titu’s salary, grade, rank, benefits, pension rights or terms and conditions of service.
The Commission also raised an examination integrity issue, telling the court that Titu’s daughter is among the school’s Form Four candidates.
TSC alleged that designated examination centre managers with a biological child registered as a candidate were required to declare that conflict through the CP2 portal and that no such declaration had been processed for Titu at Poroko Friends.
The Commission argued that retaining him as principal and centre manager could expose the school’s 381 KCSE candidates to avoidable examination integrity concerns. These were allegations advanced by TSC in support of its application and were not determined as findings against Titu in Thursday’s ruling.
TSC further cited a Ministry of Education investigation conducted on September 21, which it said identified concerns involving learner absenteeism, discipline, institutional governance and examination preparedness.
According to Marigat’s affidavit, approximately 451 learners, representing 38.51 per cent of the school’s student population, were absent during the inspection, and the Ministry recommended a broader multi-agency investigation.
Highway principal also loses bid to stop transfer
The Poroko Friends ruling comes in the same week that the Employment and Labour Relations Court in Nairobi declined to suspend TSC’s transfer of former Highway Secondary School Principal Patrick Irungu Nduati to Katani Secondary School.
Justice Agnes Nzei declined to grant Nduati temporary orders stopping the transfer after the court was informed that he had already reported to Katani and assumed his new duties before pursuing interim court protection.
Nduati had argued that his August 27 transfer amounted to a demotion because he was moving from Highway Secondary, where he served as a Chief Principal, to Katani Secondary.
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TSC opposed the application, maintaining that Nduati had already implemented the transfer and had not first used the 14-day internal appeal mechanism contained in his transfer letter.
The Commission also linked the transfer to management and security concerns at Highway Secondary, including two dormitory fires, while maintaining that Nduati remained a Grade D5 Chief Principal with his salary, benefits and employment status unchanged.
“The applicant retains his D5 Chief Principal grade, salary, benefits and employment status,” TSC argued in the Highway case.
The Highway case remains pending, with the parties directed to exchange written submissions ahead of a mention on December 10.
Although the Poroko Friends and Highway disputes arise from different circumstances, both concern challenges by school principals to TSC transfers and both remain before the Employment and Labour Relations Court for substantive determination.
By Joseph Mambili
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