Monday, October 6, 2025 - The Teachers Service Commission (TSC) has been directed to reinstate a teacher who was demoted and subjected to salary deductions that left him earning a mere Ksh1.25 per month.
The directive follows an investigation by the Office of the
Ombudsman (Commission on Administrative Justice - CAJ), which found TSC in
violation of labour laws and constitutional provisions on fair treatment.
According to the CAJ report, the teacher was demoted from Headteacher
to Assistant Teacher without a hearing or consultation, breaching both the
Employment Act and the Fair Administrative Action Act.
“The demotion was unfair and constitutes an unfair labour
practice,” the Ombudsman stated.
The case dates back to 2021, when the teacher noticed salary
deductions totaling Ksh515, 847.85, which TSC claimed were to recover
overpayments from his tenure as Headteacher.
He had served at Mbimbini Primary School between 2014 and
2017 before being transferred to Sakai Primary School.
TSC later argued that his appointment as Headteacher was
erroneous, but failed to provide evidence or initiate any formal disciplinary
process.
The Ombudsman noted that the appointment had been confirmed
in official correspondence and faulted TSC for failing to follow due process.
CAJ also highlighted TSC’s breach of Section 10(5) of the
Employment Act, which requires consultation before altering employment terms,
and Section 19(3), which mandates that employees retain at least one-third of
their gross salary.
The Ombudsman dismissed TSC’s claims and ordered the
teacher’s reinstatement, full payment of outstanding dues, and refund of all
unlawful deductions dating back to August 2021.
The Kenyan DAILY POST
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