The Employment and Labour Relations Court has directed the Teachers Service Commission (TSC) and over 100 interdicted teachers from North Eastern Kenya to enter into mediation in a bid to resolve a long-running dispute over insecurity-induced absenteeism.
Presiding Judge Byram Ongaya issued the order on Friday, citing the need for a structured and time-bound dialogue after years of failed negotiations. The teachers, many of whom fled their workstations following deadly Al-Shabaab attacks, including the 2020 Kamuthe assault in Garissa that claimed three lives, were later interdicted for desertion of duty.
The matter, filed under Kethawa vs Teachers Service Commission and State Law Office, highlights the persistent tensions surrounding teacher deployment in terror-prone regions, where non-local educators have borne the brunt of insecurity.
Justice Ongaya ordered both parties to appear before the court’s Deputy Registrar on Monday, July 21, to select a certified mediator, with a firm deadline of September 1, 2025, to complete the process. The TSC Chairperson, CEO, and each affected teacher are required to attend in person, with the court warning that non-compliance will attract penal sanctions.
“The affected teachers are to attend the mediation proceedings, every one of them,” ruled Justice Ongaya. “Failure to obey this court’s orders may attract penal consequences.”
The ruling follows the breakdown of previous negotiations. In 2024, 120 teachers returned to court to stop TSC from reposting them to North Eastern Kenya, arguing the commission had reneged on agreed terms for their redeployment.
The case underscores deeper systemic issues in staffing and safeguarding public servants in volatile regions. Many of the interdicted teachers have remained unemployed since 2020, claiming they were punished for prioritising their safety.
Should mediation efforts collapse, the court will reconvene on October 22, 2025, to determine the next legal course.
Written By Rodney Mbua
