The tutors were dissatisfied with the move and moved to court alleging unfair labour practices.

The county government, through lawyer Wahome Gikonyo, opposed the suit and called for its dismissal and denied receiving any directive from TA.

Mr Gikonyo added that the tutors were entitled to suitability interviews before being absorbed into the county service.

While delivering the judgment, the court found that TA was the lawful body at the time mandated to manage transitional issues including human resource.


The judge said there was a meeting between Council of Governors, County Public Service Board Forum and officials of the Education and Devolution ministries where the parties agreed that the tutors would be absorbed by county governments.

It was also agreed that the county governments would make budgetary allocations to cater for them.

The judge observed that the tutors had been hired competitively and they possessed all necessary qualifications to continue in their employment in the new system of governance.

“The imposed suitability interviews or reapplication for the same job were unfair labour practices. There was continued need of their services,” the court stated.

The court further ruled that the time the tutors were not been on duty be treated as leave without pay.

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