A man has sued the Teachers Service Commission (TSC) and its chief executive officer (CEO) Nancy Macharia over mass transfer of non-local teachers from three counties, arguing that it is in violation of the right to education.
The case was filed at the Employment and Labour Relations Court in Nairobi before Lady Justice Maureen Onyango.
The petitioner, Mr Hussein Kussow Yarrow, wants the court to grant an order restraining the TSC from further transferring teachers from the North-Eastern region.
In the petition dated February 19, Mr Yarrow further prayed that an interim order be issued preventing implementation of transfer letters that were issued by the TSC from January 13 to the date of the filing of the petition relocating teachers from Garissa, Mandera and Wajir counties.
The court granted the petitioner’s prayers and ordered that the application be certified as urgent and fixed the hearing of the case for February 25.
The court further directed that the applicant serve the respondents forthwith.
The Ministry of Interior was listed as an interested party.
THREATENED TO SUE
The lawsuit comes weeks after leaders from the region, including Garissa Governor Ali Korane and his Wajir counterpart Mohamed Abdi, threatened to sue over TSC's move to transfer thousands of teachers from the region.
The mass exodus has almost crippled the education sector in northern Kenya, leaving hundreds of schools at risk of closure.
In Garissa, the employer transferred all non-local teachers following an attack by suspected Al-Shabaab militants at Kamuthe Resource Centre which resulted in the death of three teachers.
Teachers in Wajir and Mandera followed suit, witnessing an exit of over 800 in both counties.
Leaders from the region have continued to put pressure on the government to address the issue which has affected the region for the third consecutive year.
On Wednesday, National Assembly Speaker Justin Muturi directed that Education Cabinet Secretary George Magoha, Inspector-General of Police Hillary Mutyambai and the TSC boss be summoned over the learning crisis.
Mr Muturi ordered that the three appear in person before the House Committee on Education to explain the circumstances that led to mass withdrawal of non-local teachers.
He issued the order after Wajir West legislator Ahmed Kolosh, on behalf of leaders from the region, sought a ministerial statement over the crisis.