The Employment and Labour Relations Court has reversed a move by the government that put about 3,800 TVET teachers under the employment of the Public Service Commission.
Tutors and lecturers in technical and vocational training institutions, as well as national polytechnics, are employed by the Teachers Service Commission but had been moved to the PSC.
Friday's ruling came after the Kenya Union of Post Primary Education (Kuppet) challenged the move, saying the teachers would lose their benefits.
Kuppet Secretary-General Akello Misori had also noted that there was no consultation.
In the ruling, justice Nelson Abuodha quashed the circular which transferred the tutors and declared it unconstitutional
Judge Abuodha also noted that the TSC is the only professional body to register and employ teachers. He explained that the TVET Authority only has powers to register and train non-teachers, not to register and employ teachers.
The court also said the PSC has no authority to handle teachers.