Teachers serving in Samburu County have secured a court victory after the High Court directed the Teachers Service Commission (TSC) to provide for payment of acting allowances to educators assigned responsibilities in higher positions without additional compensation.
Justice Jemimah Keli ruled that deploying teachers to perform duties in higher positions without paying them the corresponding allowances amounted to a violation of their right to fair labour practices under Article 41 of the Constitution.
The petition was brought by teachers from Samburu County, who cited challenges associated with working in Arid and Semi-Arid Lands (ASAL), including insecurity, harsh weather conditions, poor infrastructure and limited opportunities for career advancement.
Led by Peter Letipila, the KUPPET Secondary School Teachers Union secretary in the area, the teachers argued that educators serving in administrative positions were often required to perform additional responsibilities without receiving acting or special duty allowances.
The TSC opposed the claims, maintaining that it had not discriminated against teachers working in ASAL regions. The commission argued that it had introduced measures to improve access to administrative positions, promotions and opportunities aimed at retaining teachers in the affected areas.
However, the court found that teachers deployed to higher positions without corresponding remuneration were entitled to protection under the right to fair labour practices.
Justice Keli directed the commission to establish appropriate mechanisms, including budgetary allocations, to facilitate payment of acting allowances to teachers performing duties beyond their substantive positions. The judge also recognised teachers working in ASAL and hard-to-staff areas as a marginalised group under Article 56 of the Constitution, making them eligible for affirmative action measures.
Although the court issued declarations and orders intended to safeguard the teachers’ rights, it declined to award them monetary compensation for the violations.
Following the ruling, Letipila called on the government and TSC to implement the court’s directives without delay. Brian Mabonga, a teacher in Samburu County, said educators had endured difficult working conditions while waiting for the commission to address their concerns.
The teachers maintained that despite the court victory, they would continue pushing for improved working conditions, fair compensation and better career opportunities.
