Justice Served: TSC Ordered to Reinstate Teacher Who Earned Just Ksh1.25 Monthly

Justice Served: TSC Ordered to Reinstate Teacher Who Earned Just Ksh1.25 Monthly

A shocking case of injustice has finally been overturned. The Teachers Service Commission (TSC) has been ordered to reinstate a teacher who was earning only Ksh1.25 per month after unlawful salary deductions and demotion.

“The Demotion Was Unfair”—Ombudsman Slams TSC

The Office of the Ombudsman (CAJ) launched an investigation after the teacher filed a complaint in October 2024. The findings were damning.

“The demotion was unfair and constitutes an unfair labour practice,” the Ombudsman stated. “It violated both the Employment Act and the Fair Administrative Action Act,” the report added.

The teacher had been demoted from headteacher to assistant teacher without any hearing or consultation.

“I Couldn’t Survive”—Teacher’s Nightmare Began in 2021

The teacher’s ordeal started in 2021 when TSC began deducting over Ksh515,000 from his salary. The commission claimed he had been overpaid.

“I noticed my salary kept shrinking. I couldn’t survive,” the teacher shared. “I had no choice but to seek help,” he added.

He had served as headteacher at Mbimbini Primary School from 2014 to 2017 before being transferred to Sakai Primary School.

“No Evidence of Error”—Ombudsman Dismisses TSC’s Claims

TSC argued that the teacher’s headteacher appointment was a mistake. However, the Ombudsman found no proof to support this claim.

“TSC failed to show how the error occurred or who was responsible,” the report noted. “No disciplinary process was initiated before the demotion,” it added.

Official documents had confirmed the teacher’s appointment, yet TSC acted without due process.

“Employees Must Retain Dignity”—Law Violations Highlighted

The Ombudsman cited Section 10(5) of the Employment Act, which requires consultation before changing employment terms. It also referenced Section 19(3), which mandates that employees retain at least one-third of their gross salary.

“TSC breached both provisions. The deductions stripped the teacher of dignity and livelihood,” the report emphasized.

The commission’s actions were deemed unconstitutional and inhumane.

“Reinstate and Compensate”—Final Verdict Delivered

The Ombudsman directed TSC to reinstate the teacher to his rightful position. It also ordered full compensation and refund of all unlawful deductions since August 2021.

“Justice must be served. The teacher deserves restoration,” the commission concluded.

This ruling has sparked national outrage and renewed calls for accountability within TSC.

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Justice Served: TSC Ordered to Reinstate Teacher Who Earned Just Ksh1.25 Monthly