Court declares ASAL teachers marginalised, orders TSC to implement affirmative action

Court declares ASAL teachers marginalised, orders TSC to implement affirmative action
Antony Mabonga Barasa, petitioner in the case
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A court has recognised teachers serving in Arid and Semi-Arid Lands (ASAL) as a marginalised group and directed the Teachers Service Commission (TSC) to implement affirmative action measures for them.
The judgment, delivered virtually, also offers relief to teachers who have served in acting positions without allowances commensurate with their responsibilities.
The court directed the TSC to implement affirmative action for teachers serving in ASAL regions, to promote fairness and equity in the teaching service. 


It further ruled that teachers appointed to act in higher positions are entitled to allowances corresponding to those positions, effective from the dates of their appointment. Acting appointments extending beyond six months were declared illegal.

Petitioner Antony Mabonga Barasa said the decision recognises the challenges faced by teachers working in remote and hard-to-staff areas. He described the judgment as a victory for fairness, arguing that teachers should not continue to shoulder the responsibilities of higher offices without the corresponding benefits.

He called on the TSC to implement the directives fully and without delay, saying the decision should translate into tangible improvements for teachers across marginalised regions.
"This is not a victory over any institution. It is a victory for fairness in the teaching service," he said.





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