The Kenya National Teachers Pressure Group has suffered a loss after an Eldoret based court dismissed a case in which five teachers of the group are protesting their transfer to new workstations.
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.
Good updates. Important to me.
When in Kenya will the judiciary restore our confidence & respect? Teachers protesting malicious transfer can’t get their right bf you. And wether they sue as individuals or parties their rights remain the same. The said trs have landed in battlefront & need way out. My learned friend, with all the jargons you have these trs should by all means be away from those stations.