Milimani law courts (judiciary.go.ke)
In a case filed by Knut Mumias branch executive secretary John Wesonga on December 29 last year challenging mass transfers of head teachers and principals, Justice George Odunga on Tuesday said that the high Court lacks jurisdiction to hear the case and directed it be heard by the Labour Court.
“Accordingly, I direct the matter be heard by a Labour Court as this court lacks jurisdiction to preside over matters concerning employers and employees,” Justice Odunga said.Mr Wesonga wants the court to halt the transfer of Teachers by the Teachers Service Commission (TSC).
KNUT Mumias branch through lawyer Joshua Magua argued that the affected principals lived with their families and transferring them will greatly undermine their family responsibility.
The lawyer who acknowledged that TSC had the mandate to transfer teachers said that the laid down procedure for transfers was not followed “The decision by the TSC to effect mass transfers was issued irrationally and arbitrarily without due regard to the laid down principles of transfers,” he said.KNUT Mumias branch also said that the Commission worked under the influence of Education cabinet secretary which is unreasonable and a policy violation and not independently as constitutionally mandated.
TSC asked the court to dismiss the case.