The former Highway Secondary School Principal, Patrick Irungu Nduati, will remain at Katani Secondary School after the Employment and Labour Relations Court in Nairobi rejected his request to temporarily halt his transfer by the Teachers Service Commission (TSC).
Nduati, through his lawyer Augustine Orina, challenged the deployment, arguing that moving him from Highway Secondary School to Katani Secondary School effectively lowered his position. The lawyer told Justice Agnes Nzei that Nduati is 58 and approaching retirement after attaining the rank of Chief Principal. The court was also told that Nduati had already reported to Katani and assumed his new responsibilities before the matter was brought before the court. He subsequently handed over his duties at Highway Secondary School.
TSC opposed the application through its lawyer Jared Gekombe, arguing that the Commission received the court documents on September 11, 2026, after Nduati had already taken up his new posting. The Commission further pointed out that the transfer letter provided a 14-day window for an appeal, but Nduati had not challenged the decision through that process before moving to court.
In its response, TSC linked the transfer to security and management concerns at Highway Secondary School. The Commission cited two separate dormitory fires and findings contained in Ministry of Education reports concerning the running of the school and the welfare of learners. TSC also told the court that Nduati had previously raised security concerns and indicated that remaining at Highway had become difficult, prompting him to seek a transfer.
The Commission disputed the claim that Nduati had been demoted, maintaining that he continues to hold the D5 Chief Principal grade and retains his salary, benefits and employment status. It further argued that a Principal in Grade D5 can be assigned to schools of different classifications depending on staffing and operational requirements. TSC also argued that the new posting does not amount to an unreasonable relocation, with Katani Secondary School situated within the Nairobi Metropolitan Area.
Justice Nzei declined to grant the temporary orders sought by Nduati. The parties have instead been directed to exchange written submissions, with the matter scheduled for mention on December 10, 2026, when the court will assess compliance and give further directions on the ruling. For now, Nduati’s deployment to Katani Secondary School remains in place as the case moves forward.
