alexa High Court refers teachers' transfer case to labour court - Daily Nation

High Court refers teachers' transfer case to labour court

Friday December 29 2017

Justice David Majanja

Justice David Majanja who has directed that the case seeking to block the massive transfers of high school principals be moved to the Employment and Labour Relations Court for disposal. He said the High Court lacks jurisdiction to listen to the case. FILE PHOTO | NATION MEDIA GROUP 

RUSHDIE OUDIA
By RUSHDIE OUDIA
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Dissatisfied primary and secondary school headteachers who were recently transferred have suffered a setback after the High Court in Kisumu declined to hear a case they had filed seeking to block the move by the Teachers Service Commission (TSC).

Justice David Majanja Friday directed that the case seeking to block the massive transfers of high school principals be moved to the Employment and Labour Relations Court for disposal.

Last week, the commission transferred a total of 557 headteachers of secondary and primary schools.

In an order dated December 29, Justice Majanja pointed out that the High Court lacks jurisdiction to handle the matter, saying it involves the employer and employees.

JURISDICTION

"The High Court lacks jurisdiction to entertain the case by virtue of Article 169 (2) of the Constitution as read with Section 12 of the Employment and Labour Relations Court Act," said Justice Majanja.

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He added, "The matter is hereby transferred to the (labour) court for disposal."

TSC and Education Cabinet Secretary Fred Matiang’i have been sued in the matter.

NATIONAL SCHOOLS

During the reshuffle, 31 principals of national schools were moved to new institutions while in the extra-county boys schools, 78 teachers have been moved.

Another 78 have been shifted in the girls’ schools of the same category.

Eight principals have been posted to national schools that were operating without substantive heads.

The case has now been referred to Nairobi.

"The file will be taken there," said Justice Majanja.

In the transfer exercise, 134 vacant positions at the county schools have also been filled while 19 heads in technical institutions were moved.

EDITOR'S NOTE:

An earlier story had erroneously indicated that the labour court had stopped the massive transfers of headteachers. It has since been established that no such order had been issued. The error is regretted.