- The Narok court has lifted orders that had temporarily blocked Benrodgers Musyoki Titu’s transfer from Poroko Friends.
- TSC sought urgent intervention following student unrest and concerns over preparations for the forthcoming KCSE examinations.
- The development comes days after another court declined to stop TSC’s transfer of a Highway Secondary principal.
The Employment and Labour Relations Court in Narok has discharged ex parte orders that had stopped the transfer of Poroko Friends Day Secondary School Principal Benrodgers Musyoki Titu, clearing the way for the Teachers Service Commission (TSC) to implement the transfer immediately.
The court had on September 21, 2026, issued ex parte conservatory orders staying Titu’s transfer from Poroko Friends Day Secondary School to Mau Secondary School. TSC subsequently returned to court seeking to have the orders reviewed and set aside.
The latest development means Titu’s transfer can now proceed immediately.
In its application, TSC specifically asked the court to discharge the September 21 orders and reinstate the transfer contained in a letter dated September 11, 2026, so that it could “take effect forthwith.”
TSC’s urgent return to court followed unrest reported at Poroko Friends on the morning of October 1.
Through lawyer 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 certificate of urgency.
The Commission said the threatened destruction involved facilities and infrastructure intended for use during the forthcoming KCSE examinations and argued that any damage could interfere with examination preparedness and administration.
According to TSC, the unrest demonstrated that “the tensions, divisions and grievances which necessitated the Petitioner’s transfer remain active and unresolved.”
The Commission maintained that Titu’s transfer was an administrative intervention rather than a disciplinary action.
In an affidavit supporting the application, TSC Acting Director Staffing Dr Samuel Marigat said the Commission had reviewed complaints, reports and recommendations before deciding that intervention was required.
“The transfer was therefore Commission-initiated and not teacher-initiated and the transfer was neither disciplinary nor punitive,” Marigat stated.
The transfer, according to the affidavit, does not affect the principal’s salary, grade, rank, benefits, pension rights or terms and conditions of service.
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TSC raises examination integrity concerns
Another major issue raised by TSC concerned Titu’s position as principal and examination centre manager while his daughter is a Form Four candidate at the school.
The Commission told the court that Poroko Friends is a registered mixed day and boarding school and that Titu’s daughter, Stella Mwikali Musyoki, is a Form Four candidate accommodated in the school’s boarding section.
This challenged the basis upon which TSC said the principal had earlier argued that his transfer would leave his daughter without accommodation and parental care.
“The Respondents have since established that the factual basis upon which the said orders were obtained was materially inaccurate and incomplete,” Marigat said in his affidavit.
These assertions formed part of TSC’s case before the court and are not presented as independent findings against the principal.
TSC further alleged that Titus had failed to formally declare through the CP2 system that he had a biological child registered as a candidate at the examination centre.
The Commission said the Transmara West Sub-County deployment and declaration register showed that no CP2 conflict form had been processed or submitted by the principal.
It argued that allowing him to remain as centre manager would expose the school’s 381 KCSE candidates to unnecessary examination integrity concerns.
Complaints preceded transfer
Court documents also show that the dispute surrounding the principal’s continued stay at Poroko Friends preceded the September transfer.
TSC said it had received complaints and recommendations from several parties, including teachers, parents, community members, KUPPET officials and the school’s sponsor.
According to Marigat’s affidavit, KUPPET Narok Branch wrote to TSC on June 16 raising concerns about the situation at the school. The union subsequently documented what it described as staff divisions and institutional tensions and recommended transferring Titu and another teacher as an intervention to restore stability.
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The school sponsor, Friends Church (Quakers) Kenya, also lodged complaints concerning administration, discipline and the learning environment and requested a change of administration, according to TSC’s court documents.
TSC further cited a Ministry of Education investigation conducted on September 21, saying it identified concerns involving learner absenteeism, discipline, governance and examination preparedness.
According to the affidavit, approximately 451 learners, representing 38.51 per cent of the student population, were absent during the inspection, prompting a recommendation for a broader multi-agency investigation.
Highway principal loses bid to stop transfer
The Poroko Friends development comes within days of another Employment and Labour Relations Court decision involving TSC’s transfer of a secondary school principal.
The court in Nairobi declined to suspend the transfer of former Highway Secondary School Principal Patrick Irungu Nduati to Katani Secondary School, allowing the deployment to remain in force while his substantive case proceeds.
Nduati had challenged his August 27 transfer, arguing that moving him from Highway, where he served as a Chief Principal, to Katani amounted to a demotion. However, the court was informed that he had already reported to Katani and assumed his new duties before seeking interim orders.
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TSC opposed Nduati’s application and told the court that he had not used the internal appeal mechanism provided in his transfer letter before approaching the court.
The Commission also linked his transfer to management and security concerns at Highway Secondary School, including two separate dormitory fires. TSC maintained that Nduati remained a Grade D5 Chief Principal and retained his salary, benefits and employment status despite the change of station.
Justice Agnes Nzei directed the parties to exchange written submissions, with the Highway case scheduled for mention on December 10, 2026.
While the Poroko Friends and Highway cases arise from different circumstances, both involve challenges to administrative transfers ordered by TSC and applications for interim court protection against their implementation.
By Joseph Mambili
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