The Employment and Labour Relations Court has issued a temporary order, barring the transfer of teachers in Wajir, Mandera and Garissa counties.
In a ruling issued on Tuesday, Justice Hellen Wasilwa also directed the Teachers Service Commission, CEO Nancy Macharia and Attorney General to file their responses within seven days.
Through advocate Hussein Yarrow, the court heard that TSC had transferred non-local teachers in the three counties, a move he termed as discriminatory and unconstitutional. The lawyer said the teachers’ employer had moved about 1,300 non-local teachers from Garissa and a further 1,600 in both Wajir and Mandera.
Mr Yorrow said TSC should have considered the best interest of the children before moving the teachers. He added that the mass transfers has affected areas which have not experienced terror attacks.
According to Mr Yarrow, the attack happened in a far-flung border area in Garissa County and it was unreasonable to move teachers in other areas, which have not been affected.
“The transfers have occasioned untold suffering to school children and has brought the education sector to a standstill,” he said, adding that the reasons for the transfers is exaggerated because there are non-local persons working in other sectors such as health.
TSC started transferring the teachers following attacks in Kamuthe area, Garissa County where three non-local teachers were killed.
Justice Wasilwa directed the matter to be mentioned on march 12.