The Teachers Service Commission (TSC) now want a suit against them be heard by a Labour court on claims that a suit against the commission cannot be heard in a constitutional court.
Through its lawyer Timon Oyucho,the TSC preliminary objections said that issue of recruitment cannot be determined by the constitutional court.
Oyucho said the court has no jurisdiction to hear the case because there are issues that cannot be handled before the current court.
However, Ilchamus community from Baringo South through advocate Protas Saende, argued that the actions of TSC are against the constitution and against the legitimate expectations of national values and principle of governance by state organs and public officials.
He said the commission violated the constitutional rights and freedoms of the Ilchamus community youths who were qualified but denied the chance.
Ilchamus community moved to court through a certificate of urgency dated September 20 to sue the Teachers Service Commission for violating the constitutional rights and freedoms of the Ilchamus community.
In the suit, Saende prayed that the court suspend the appointment of teachers or gazettement of qualified teachers as candidates by TSC until the Ilchamus community is considered.
Petitioner Amos Olempaka who sworn an affidavit on behave of the Ilchamus community said that the respondents have violated the constitutional rights of the qualified community members by failing to consider them in granting the employment opportunities available to all.
Olempaka said the minority communities apart from demonstrating should be using the law to fight for their rights and petition cases in the court to sue and gain their rights to opportunities.
Justice Maureen Odero slated the ruling of the case for December 13.