Ilchamus sue TSC over alleged bias in hiring of teachers

Members of the Ilchamus community from Baringo with their spokesman Amos ole Mpaka (centre in suit) after attending a court session in Nakuru on September 21, 2016. They have sued TSC over alleged discrimination during the hiring of teachers. PHOTO |SULEIMAN MBATIAH | NATION MEDIA GROUP

What you need to know:

  • They say the commission has deliberately left out their members in Marigat during hiring.
  • Mr Olempaka has accused TSC of continuously discriminating the community in the recruitment of teachers since 2010.
  • They say their attempts to have it address the community’s grievances have been ignored.
  • The judge declined to issue conservatory orders sought by the petitioners to stop the commission from appointing new employees.

The Ilchamus community in Baringo County has sued the Teachers Service Commission (TSC) over what it claims is discrimination in the employment of teachers.

The community, which is a minority group in the Rift Valley region, says the commission has deliberately left out their members in Marigat and wants it restrained from conducting further recruitment until their case is heard and determined.

Led by Mr Amos Olempaka, the group has filed a petition before the Nakuru High Court seeking to restrain TSC from recruiting teachers.

In a sworn affidavit before Lady Justice Janet Mulwa, Mr Olempaka has accused TSC of continuously discriminating the community in the recruitment of teachers since 2010.

He says the commission has continued to leave the community out in its appointments, which he says is a violation of their constitutional right.

In the petition, Mr Olempaka highlights instances over the years where he says TSC unlawfully awarded the community very few slots or denied them employment opportunities.

QUALIFIED TO BE TEACHERS

“The Ilchamus community has members who are qualified to be teachers who have always sought employment from TSC but any time a recruitment is carried out, very few or none of the community members are awarded the jobs,” the petition states.

The petitioners have also accused the commission of employing teachers from outside Marigat Sub-County while there are qualified teachers from within them.

They now say they have been aggrieved by TSC’s actions, claiming that their attempts to have it address the community’s grievances have been ignored.

They also want the court to declare the “marginalisation and discrimination by TSC” in gazetting and appointing qualified teachers from the Ilchamus community as unconstitutional.

Justice Mulwa, who certified the matter as urgent, directed that the case be heard on October 3, 2016 after the parties serve each other with documents.

She, however, declined to issue conservatory orders sought by the petitioners to stop the commission from appointing new employees.

“I decline to grant the conservatory orders [sought] by the petitioner restraining TSC from further gazettement and appointment of qualified teachers,” ruled Justice Mulwa.