Court Dismisses KNTPG in TSC Case, Cites Lack of Legal Structure
The Kenya National Teachers Pressure Group (KNTPG)has been dismissed by the Employment and Labor Relations Court in Nairobi after a ruling by the court cited that the teacher lobby group lacked legal structures to institute a case in court.
The KNTPG had recently moved to court to challenge Teachers Service Commission’s (TSC) CEO Nancy Macharia for transferring five of its alliednmembers from their stations to far flung areas,a move that was read as malice. This came after the group opposed TSC for introducing the Teacher Professional Development (TPD) refresher course.
While dismissing the case,Justice Julius Abuodha ruled that the Pressure Group does not qualify as a society, trade union,welfare group, political party or any of the creatures permitted under the regulatory framework governing collective organizations to get the jurisdiction to mount a case in a court of law.
The Judge said it would not be safe for the court to grant them a hearing while KNTPG’s leadership had acknowledged that they are not have capability to enjoy benefits from a discretionary order of the Court.
“It would even be more dangerous to impose an order of undertaking as to damages if it turns out the injunction was wrongfully granted because the claimant before the Court is a soap bubble, a phantom so to speak. The Court cannot therefore hang the bugle of its sacred order on an invisible baldric,”said the Justice Abuodha.