TSC Ordered to Reinstate and Compensate Teacher Earning Ksh1.25 Monthly After Illegal Demotion

A teacher who earned a shocking Ksh1.25 per month has won a major victory against the Teachers Service Commission (TSC) after the Commission on Administrative Justice (CAJ), also known as the Ombudsman, found that he was unfairly demoted and unlawfully subjected to heavy salary deductions. The ruling, delivered by CAJ Chairperson Charles Dulo, directed TSC to reinstate the teacher to his rightful position and refund all the money it had illegally deducted. The case has triggered national attention, highlighting a culture of administrative abuse and disregard for due process within the country’s education sector. The Teachers Service Commission demoted a headteacher without due process, leading to illegal deductions that left him with Ksh1.25 monthly pay. After a formal complaint and thorough investigation, the Ombudsman ordered TSC to reinstate and fully compensate the teacher, citing gross violation of employment and constitutional rights. [Image: NR Lab]

How the Teacher Ended Up Earning Ksh1.25 Monthly

The teacher’s ordeal began in 2021 after TSC initiated continuous deductions from his salary amounting to Ksh515,847.85. The Commission claimed it was recovering overpayments allegedly made during his tenure as headteacher at Mbimbini Primary School between 2014 and 2017. He was later transferred to Sakai Primary School as an assistant teacher, and TSC retroactively declared that his earlier promotion had been made in error. From then on, the Commission began making massive salary recoveries, reducing his monthly pay to just one shilling and twenty-five cents — an amount that made it impossible for him to meet even the most basic needs. Unable to sustain himself, the teacher lodged a complaint with the Office of the Ombudsman in October 2024, accusing TSC of harassment, unfair labour practices, and violation of his rights to fair administrative action. CAJ investigators found that the teacher was never given a chance to defend himself, nor was he informed in writing of any wrongdoing before his demotion. Official TSC documents confirmed that his appointment as headteacher had been properly authorized, making the alleged “error” claim baseless.

Findings by the Ombudsman

In a hard-hitting report, CAJ declared TSC’s actions illegal and unconstitutional, citing breaches of the Employment Act and the Fair Administrative Action Act. “The demotion was unfair and constitutes an unfair labour practice, violating both the Employment Act and the Fair Administrative Action Act, which require prior consultation with the employee and a fair procedure,” stated CAJ Chairperson Charles Dulo during a press briefing on February 28, 2025. The Ombudsman faulted TSC for:

• Failing to consult the teacher before altering his employment terms, in violation of Section 10(5) of the Employment Act.
• Ignoring Section 19(3) of the same Act, which requires employers to ensure that deductions do not reduce an employee’s pay below one-third of their gross salary.
• Failing to provide evidence of any disciplinary process or internal investigation to support claims that the teacher’s appointment was erroneous.

The report also observed that the TSC’s move to recover alleged overpayments without conducting an audit or internal inquiry amounted to gross administrative negligence.

Ombudsman Orders TSC to Act Immediately

Following its findings, the CAJ directed TSC to:

1. Reinstate the teacher to his rightful position.
2. Refund all unlawfully deducted funds since August 2021.
3. Pay all outstanding dues and benefits.

CAJ also warned the teachers’ employer against similar conduct in future, reminding it that all employees, regardless of rank, are entitled to dignity, due process, and fair treatment under the law. Labour experts say the ruling could open the door for other teachers who may have faced similar unfair treatment. “This is a landmark decision. It sends a strong message that administrative impunity will not go unpunished,” said a labour rights advocate familiar with the case. The TSC, however, has remained silent on whether it will comply with the order or challenge it in court.

What This Case Means for Teachers

The Teacher Earning Ksh1.25 Monthly case has exposed how bureaucratic decisions within TSC can devastate lives when unchecked. It also underscores the need for stronger internal accountability and proper oversight mechanisms in public institutions. By ordering reinstatement and compensation, the Ombudsman reaffirmed that no employer is above the law and that the dignity of workers must be upheld. For the teacher at the center of the storm, the ruling brings long-awaited relief after years of humiliation and financial hardship. But for many others still trapped in similar administrative battles, it raises one question—how many more cases like this are hidden within the system?