Court halts TSC hiring in Northeastern, Lamu
Court halts TSC hiring in Northeastern, Lamu
The Employment and Labour Relations Court (ELRC) has stopped TSC from proceeding with the recruitment of new teachers in positions currently held by contract teachers in Garissa, Wajir, Mandera and Lamu counties.
In an interim conservatory order issued on January 28, Justice Jemimah Keli directed TSC to halt shortlisting, interviewing, recruitment and deployment of teachers until an application filed by three petitioners is heard.
“The court is pleased to issue an interim conservatory order staying the recruitment process… specifically restraining the respondent, its agents or officers from shortlisting, interviewing, recruiting or deploying any new teachers to the positions currently held by the petitioners,” Justice Keli ordered.
The application was certified as urgent and scheduled for inter partes hearing on February 9.
An inter partes hearing happens when all parties relevant to the application are present and make representations to the court.
Teachers Titus Kilonzo, Johnson Munyoki and Lawrence Kirimi George filed the petition.
They argued that TSC has re-advertised the same positions they currently occupy in what they describe as discriminatory and constructive dismissal.
The petitioners told the court they serve in hardship and insecure areas under contract terms.
According to the petition filed through MCM Advocates LLP, TSC advertised vacancies matching exact subject combinations and workstations where the petitioners are deployed, despite no natural attrition having occurred.
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“A perusal of the specific vacancies listed for Garissa county reveals that the respondent is actively recruiting for the exact position I currently hold. There is no vacancy at the station caused by natural attrition,” Kilonzo states in his supporting affidavit.
For instance, at Modogashe Secondary School, two English/Literature vacancies were advertised, yet he currently holds one of those positions.
The teachers argue that while Junior Secondary School (JSS) interns across the country are being confirmed to permanent terms without reapplying, contract teachers in Northeastern and Lamu are being forced into a competitive recruitment process for their own jobs.
They say this amounts to discrimination in violation of Article 27 of the constitution.
“The advertisement contains a discriminatory clause stating that preference will be given to applicants who have not previously been employed by the TSC,” the petition reads, adding that this automatically locks out contract teachers already serving in the affected schools.
The petitioners contend that allowing the recruitment to proceed would render them jobless and “destitute,” especially after working in volatile regions where staffing has historically been difficult.
“The petitioners, who serve in volatile hardship areas, face imminent destitution if their contracts are arbitrarily terminated through this “constructive dismissal” disguised as natural attrition,” the petition reads.
They argue that the recruitment constitutes a de facto termination and undermines their legitimate expectation of confirmation after years of service.
The court directed that the application and conservatory order be served on TSC within seven days, with the commission given a right of reply ahead of the February hearing.
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