The Employment and Labour Relations Court (ELRC) has issued fresh directions in a long-running constitutional dispute involving the Teachers Service Commission (TSC) and teachers who fled postings in North Eastern Kenya due to insecurity, discrimination and threats to their lives.
The court issued orders on December 4, 2025, directing the Commission to take concrete steps to resolve the fate of 26 affected teachers.
Some of the steps include redeployment and progress reporting, as the substantive constitutional petition challenging the Commission’s actions continues.
This dispute is anchored in Petition E246 of 2023, filed by the Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA).
The Association accuses TSC of violating teachers’ constitutional rights by interdicting them, withholding salaries and reposting them back to regions they had fled for safety reasons.
The association points out: “This petition was filed in the public interest and goes beyond individual grievances. It argues that the matter touches on the broader rights and safety of teachers serving in high-risk regions.
The affected teachers fled North Eastern Kenya in August and September 2023 following heightened insecurity, targeted attacks and discrimination against non-local teachers.
The association says that the teachers’ departure was not an act of insubordination but a response to real and present danger.
“The teachers did not abandon duty out of defiance,” the petition states. “They fled because their lives were under threat and their dignity compromised.”
Despite these circumstances, TSC proceeded to interdict the teachers, withhold their salaries, and later repost some of them to the same region, actions the petitioners say violated multiple constitutional provisions, including the rights to life, equality, fair labour practices, and fair administratthe association points out.
The association argues in court filings: “The decision to withhold salaries caused immense suffering and destitution among teachers who had already lost property and investments.”
While the constitutional petition remains pending, however, the court has been issuing interlocutory directions aimed at mitigating harm and nudging the parties toward resolution.
In the December 4 orders, Justice Byram Ongaya directed TSC to redeploy one of the teachers, Geoffrey Lelon, away from North Eastern Kenya to allow him to resume duty in a safer station starting the next school term.
“The court has considered the history of the case and the material on record,” the order states, underscoring judicial concern over prolonged uncertainty affecting the teachers.
A meeting has been slated for February 18, next year to confirm compliance and deployment outcomes.
The court instructed TSC to ensure they are at the centre stage in resolving the status of the remaining 26 teachers, with progress to be reported through an affidavit.
At the centre of the dispute is whether a constitutional commission can lawfully take action on teachers who run away from insecurity without first addressing the safety conditions that compelled them to leave their duty stations.
The petition argues, “The right to life is inherent and supersedes the right to teach,” adding that no teacher should be punished for prioritising personal safety in a demonstrably dangerous environment.
The association also challenges TSC’s reposting decisions, saying they ignored evidence presented during disciplinary hearings and contradicted public statements by national security officials declaring parts of North Eastern Kenya unsafe for non-local teachers.
“Administrative action must be lawful, reasonable and procedurally fair,” the petition notes, citing constitutional standards that bind all state organs.
Education and labour experts say the case could have far-reaching implications for how public servants are treated in high-risk postings and how constitutional rights are balanced against institutional authority.
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“The Constitution binds all state organs,” the petition states, ädding that no institution is above constitutional scrutiny.
While TSC has defended its mandate to manage teacher deployment and discipline, the court’s recent orders have placed renewed pressure on the Commission to demonstrate compliance and good-faith engagement.
As the February 2026 mention date approaches, the focus will shift to whether TSC has complied with the court’s directives and whether a negotiated resolution is possible ahead of a final determination of the constitutional petition.
For the affected teachers, the case represents more than legal arguments—it is about safety, dignity and livelihood.
“This petition seeks to protect teachers who chose life over fear,” the association maintains, framing the case as a defining moment for labour rights within Kenya’s education sector.
By Joseph Mambili
