Five teachers lose bid to challenge transfers
An Eldoret court has dismissed a case in which five teachers are protesting their transfer to new workstations.
Through the Kenya National Teachers Pressure Group, the teachers wanted the Employment and Labour Relations Court, to stop their employer; the Teachers Service Commission and its agents from causing or effecting any transfer of any of the officials or members of the pressure group pending the determination of this claim.
The teachers allege in the petition that their transfers were motivated by malice.
Labour Relations Court judge Nelson Abuodha however said in a ruling dated that the claimant is not competent to commence an action before it and any other court or tribunal.
“As things stand now, the court is uncertain whether the claimant is a trade union, a society, welfare Group, political party or any of the creatures permitted under the regulatory framework governing collective organisations,” ruled Abuodha.
He also said it would even be more dangerous to impose an order of undertaking as to damages if it turns out the injunction was wrongfully granted because the claimant before the court is a ‘soap bubble, a phantom so to speak’.
“The court cannot therefore hang the bugle of its sacred order on an invisible baldric,” the judge ruled.