Primary school board loses bid to stop head teacher's transfer

The Board of Management at Mama Ngina Primary School has lost its attempt to stop the transfer of the school’s head teacher, Francis Macharia.

The board moved to court to challenge Macharia’s transfer from Mama Ngina to Kaloleni Primary School through a letter dated April 27, 2026.

The board, which sued the Teachers Service Commission (TSC), County and Regional Directors of Education and the Attorney General (AG), claimed that the transfer was premeditated, unfair and discriminatory.

The board added that the transfer amounted to demotion, jeopardized ongoing development projects, and was politically motivated and procedurally irregular.

However, in her ruling, Judge Anna Mwaure said that the board adduced no evidence to demonstrate violation of any of Macharia’s rights under the Constitution.

“Under the circumstances, the court holds that the petition has not been proved as per the legal standards. It is therefore dismissed,” she ruled.

The court held that the TSC acted squarely within its constitutional and statutory mandate, in effecting the transfer of a teacher from one institution to another.

Mwaure stressed that the authority to recruit, deploy, transfer, and discipline teachers was exclusively vested in the TSC.

“TSC’s exercise of its mandate cannot be impugned absent clear evidence of illegality, irrationality, procedurally impropriety, or abuse of power,” the court ruled.

The court also held that the commission was guided by its own regulations, and any grievances ought to have been properly pursued in the civil courts and not through a constitutional petition.

Macharia received the transfer letter from TSC’s Sub County Director, Nakuru West, transferring him to Kaloleni, with effect from May 4.

Aggrieved, the board filed the petition, arguing that investigations into anonymous complaints were conducted and the same suggested a premeditated and unjustified transfer.

“Despite repeated requests, no formal rationale was furnished, yet a handing over session was scheduled for May 12, causing disruption and tension within the institution,” the board submitted.

The board defended Macharia, saying that he had served the 3,173 learners, 61 teachers, and numerous support staff diligently since 2021, with no disciplinary record.

The board lamented the transfer as unfair, averring that the same had no notice, reasons, nor opportunity for the head teacher to be heard.

“The transfer victimized the head teacher and it was like a punishment without cause. It has disrupted learning and administrative stability,” the board deposed.

TSC was said to have implemented the transfer without administrative justification, thereby failing to comply with its Code of Regulations.

The board thus asked the court to declare the said transfer as irregular and unlawful and ruled that TSC violated its regulations and Fair Administrative Action Act.

 In response, TSC argued that the petition is frivolous and an abuse of process, asserting that the board lacked authority to defend Macharia, who was capable of pursuing his own remedies.

TSC maintained that under the TSC Act, the commission had an exclusive mandate to recruit, deploy, transfer, and discipline teachers.

 “The said transfer letter was merely a draft, incapable of violating rights. No evidence has been shown of the said violations,” TSC argued.