The Teachers Service Commission TSC has been barred from conducting transfer of teacher as a disciplinary actions from the latest ruling by the Employment and Labour Relations Court in Nairobi.
Issuing the ruling, Justice Byrum Ongaya said that transfers of a teacher do not form a part of the TSC disciplinary measures.
According to the Justice Ongaya,sections of TSC regulations which gives committee a final say on teachers’ punishment is unconstitutional and needs review.
Justice Ongaya further indicated that article 156 of the TSC Code of Regulations to give the secretary to the committee and officer in charge of discipline powers to vote despite them not being considered commissioners
TSC Boss Dr Nancy Macharia was faulted for her -led commission was found to not proved that it had delegated its powers to the subordinate committee.
To address the gaps, Judge ongaya declared that only commissioners can review or affirm a decision on behalf of the the Teachers service commission.
Circumstances under which a teacher can be transferred
The teachers employer can transfer a teacher in view of the broader needs of the teaching service, and this may be regardless of whether the teacher has requested the transfer or not.
Note that the teacher to be transferred must be given at least three months notice of transfer unless otherwise agreed between TSC and the affected teacher.
Once an newly employer teacher finishes serving in one school for a period of more than 3 years they are legible to apply for transfer.

A teacher demonstrating concept to learners ;Image/Courtesy
However, there are circumstances under which a teacher may be transferred earlier than three (3) years of service from a station.
These include;
- Transfer On medical grounds as certified by a registered medical practitioners.
- Teacher experiencing severe family related problems that are likely to be exacerbated if transfer is denied.
- Incase of an Urgent needs of the broader teaching service.
- Incase of any other circumstances based on the judgement of the commission.