Kenyan court orders teachers to receive allowances for serving in arid regions

A Kenyan court ordered the Teachers' Service Commission to pay special duty and acting allowances to primary and secondary school teachers in Samburu County.

These teachers argued that they faced harsh climatic conditions, insecurity, and poor infrastructure while performing administrative duties without the promised compensation. The KUPPET Secondary School Teachers Union, led by Peter Letipila, filed the case because teachers were being deployed as Institutional Administrators without receiving the pay for those higher positions.

The Teachers' Service Commission argued that it did not discriminate against these staff members and instead provided them with preferential access to promotions and local participation opportunities. Judge Jemimah Keli ruled that the lack of compensation violated the right to fair labor practice under Article 41 of the Constitution. The judge noted that teachers in Arid and Semi-Arid Lands (ASAL) regions constitute a marginalized group entitled to affirmative action measures under Article 56.

The court ordered the commission to allocate a budget to pay the petitioners for their roles.