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TSC transfer stopped by a High Court

30 March 2012, 10:56 Steve Wambugu

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The High Court in Nakuru has restrained the Teachers Service Commission from transferring a primary school teacher from Rongai to Trans-Nzoia.

This was after the teacher Mr Daniel Ashitiva challenged the transfer in court claiming that it was politically instigated.

The teacher through Lawyer Kipkoech Ng’etich told the court that he was being subjected to unfair administrative action due to his role in creating awareness among the squatters at the controversial Banita Settlement Scheme in Rongai.

In his affidavit, the teacher claimed that TSC was being manipulated politically by influential people who wanted him silenced.

Mr Ashitiva said his transfer letter which was marked “approved” was personally delivered by the District Education Officer in charge of Rongai who also directed the headmaster, Kokwomoi Primary School to effect the transfer immediately.

Coincidentally, the teacher is among five people charged with illegally disinterring a body and the disputed settlement scheme, ferrying it using the local Constituency Development Fund vehicle and dumping it at a nearby dispensary.

He is also among the 222 petitioners who want the government, the provincial administration and the Commissioner of Lands barred from demarcating, alienating or in any way interfering with the disputed land.

Mr Ashitiva claimed that there was a powerful civil servant who wanted him out since he was a “role model” among the squatter and he was championing for their rights.

He told Mr Justice William Ouko that he was diabetic and he was suffering from high blood pressure.
“The Kenya National Union of Teachers had written to the area district education officer telling him that I was sickly and I needed to be close to my family,” added that father of six.

Justice Ouko granted him to institute a judicial review and set the matter for mention on May3

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