A Kenyan court has ruled that a group of teachers can go ahead and sue the Teachers Service Commission (TSC) for KSh 20 million in unpaid house allowances. The ruling was made by Justice Byram Ongaya of the Employment and Labour Relations Court, giving the teachers a big victory in their fight for better pay.
The teachers, led by Elizabeth Atieno, say the TSC has refused to pay them house allowances for years, even though they are entitled to them. They argue that other government workers have been getting this allowance, but many teachers have been left out, causing them financial problems.
Justice Ongaya rejected the TSC’s argument that the case was filed too late. He said “The claim arises from continuous and repeated violations. As such, each violation gives rise to a fresh cause of action.” This means the teachers can continue with their case and demand payment going back several years.
The Kenya Union of Post Primary Education Teachers (KUPPET) welcomed the ruling. KUPPET Secretary-General Akello Misori said “This ruling confirms that teachers should be treated fairly according to the law. It also sets a strong example for future cases.”
The case is about differences in house allowance payments. Teachers say that even though they work in expensive cities and tough rural areas, they are not getting the allowances they should. They claim that the TSC ignored their rights while other public workers continued to benefit.
The TSC has said that the allowances depend on certain rules and that paying back such claims would be too expensive. But now, after the court’s decision, the TSC must face the case in court.
This comes at a time when the TSC is also facing criticism over delayed promotions and heavy workloads for teachers. If the teachers win the case thousands of others might also file claims, which could cost the government billions.
Labour rights leader Collins Oyuu said “This case could open the door for thousands more teachers to demand what is rightfully theirs. It’s a turning point.” The court will hear the case again later this year.
