The Teachers Service Commission (TSC) has been ordered to reinstate and compensate a teacher who was earning only Ksh1.25 per month after unlawful salary deductions.
The Office of the Ombudsman (CAJ) directed TSC to refund all deducted amounts and pay the teacher his rightful dues. According to the Ombudsman’s findings, TSC violated the Employment Act and the Fair Administrative Action Act by demoting the teacher without a fair hearing.
CAJ Chairperson Charles Dulo stated that the demotion from headteacher to assistant teacher amounted to an unfair labour practice, noting that TSC failed to follow due process or offer any consultation.
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The case dates back to 2021, when the teacher began facing unexplained salary deductions totaling Ksh515,847.85. These deductions left his net pay below a livable wage, prompting him to file a complaint in October 2024.
Initially, the teacher had served as headteacher at Mbimbini Primary School between 2014 and 2017 before being transferred to Sakai Primary School. TSC later claimed his headteacher appointment was erroneous and began recovering the “overpaid” salary.
However, the Ombudsman faulted TSC for failing to prove the error or identify those responsible, emphasizing that the teacher’s appointment was formally confirmed in official documents.
The Ombudsman further cited Section 10(5) of the Employment Act, which requires consultation before changing employment terms, and Section 19(3), mandating that employees retain at least one-third of their gross pay.
Consequently, TSC was ordered to reinstate the teacher, refund all unlawfully deducted funds, and restore his position as headteacher.
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