Kenya: Court Dismisses Teachers’ Pressure Group Suit Challenging Transfers, Judge Terms Lobby a ‘Soap Bubble’

Nairobi — The Kenya National Teachers Pressure group has been dealt a major blow after the Employment and Labor Relations Court ruled that they have no legal stature to mount a case in court.

The group had moved to court to challenge the move by the Teachers Service Commission CEO Nancy Macharia to transfer five teachers from their respective working stations to new ones.

Justice John Abuodha ruled that the pressure group lacks jurisdiction to lodge a case in court as “it is not a trade union, a society, welfare group, political party or any of the creatures permitted under the regulatory framework governing collective organizations”.

He noted that it would not be safe for the court to grant interim orders as sought by the pressure group on grounds that they themselves have admitted that they are not yet a recognizable juridical person capable of benefitting from a discretionary order of the Court.

“It would even be more dangerous to impose an order of undertaking as to damages if it turns out the injunction was wrongfully granted because the claimant before the Court is a soap bubble, a phantom so to speak. The Court cannot therefore hang the bugle of its sacred order on an invisible baldric,” he said.

The group accused Macharia of effecting the transfers out of malice and that she failed to give any consideration of the families of the affected teachers, their health, security among other issues.

“That the Respondent has arbitrarily, maliciously, unprocedurally, unlawfully transferred the aforesaid members of the Claimant/applicant and did not inform them of the reason of its decision to transfer them to their new working stations within the Republic of Kenya,” Nelson Kiprotich Kirui, one of the teachers, noted in his affidavit.

The five teachers told the court they appealed their transfers but accused Macharia of ignoring and rejecting them.

They claim that the transfers were done because they have been vocal about the Teachers Professional Development and also because they are members of the Kenya National Teachers Pressure Group (KNTPG).

They further claimed that the transfers by Macharia targeted members who were against the Teachers Professional Development among other policies by the Teachers Service Commission.

Judge Abuodha dismissed the case with costs to be borne by the persons behind the litigant before the Court.