Nairobi, Kenya — In a shocking case that has exposed systemic injustice within the education sector, a teacher who earned just Ksh1.25 per month after illegal salary deductions has won a major victory against the Teachers Service Commission (TSC).
The Commission on Administrative Justice (CAJ) — commonly known as the Office of the Ombudsman — found that TSC unlawfully demoted the teacher and illegally deducted over Ksh515,000 from his salary without due process.
Unlawful Demotion and Exploitative Deductions
According to CAJ Chairperson Charles Dulo, TSC’s actions were both illegal and unconstitutional, violating the Employment Act and the Fair Administrative Action Act.
The teacher’s nightmare began in 2021, when TSC started massive deductions from his salary, claiming it was recovering “overpayments” made while he served as headteacher at Mbimbini Primary School (2014–2017).
After being transferred to Sakai Primary School as an assistant teacher, TSC retroactively declared that his earlier promotion had been made “in error” — a claim that official TSC records later disproved.
The deductions left him earning just Ksh1.25 per month, an amount that made survival impossible and led him to file a complaint with CAJ in October 2024, citing harassment, unfair labour practices, and violation of his constitutional rights.
Ombudsman’s Investigation and Findings
After a detailed investigation, CAJ ruled that TSC failed to provide evidence of any disciplinary process or written communication informing the teacher of wrongdoing.
The report faulted TSC for:
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Failing to consult the teacher before altering his employment terms, contrary to Section 10(5) of the Employment Act.
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Ignoring Section 19(3), which forbids salary deductions that reduce pay below one-third of gross salary.
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Recovering alleged overpayments without any audit or internal inquiry, constituting gross administrative negligence.
“The demotion was unfair and constitutes an unfair labour practice, violating both the Employment Act and the Fair Administrative Action Act,”
— Charles Dulo, CAJ Chairperson (Press Briefing, February 28, 2025)
CAJ Orders Full Compensation and Reinstatement
Following its findings, the Ombudsman ordered TSC to:
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Reinstate the teacher to his rightful position.
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Refund all unlawfully deducted funds since August 2021.
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Pay all outstanding dues and benefits in full.
CAJ further warned TSC against similar conduct, reminding the Commission that all employees are entitled to dignity, fair treatment, and due process under the Constitution.
Wider Implications for the Education Sector
Labour experts have hailed the ruling as a landmark decision that could pave the way for other educators who have faced similar injustices to seek redress.
“This is a precedent-setting ruling. It sends a strong message that administrative impunity within public service will no longer be tolerated,”
— Labour rights advocate (Anonymous)
The case also highlights long-standing issues within TSC, including poor accountability, weak oversight, and bureaucratic abuse of teachers’ rights.
While TSC has yet to issue an official response or indicate whether it will appeal the ruling, the case has ignited public outrage and renewed calls for transparency in teacher management.
A Human Story of Dignity Restored
For the teacher at the heart of the storm, the CAJ decision brings long-awaited relief and vindication after years of humiliation, financial struggle, and emotional distress.
However, his ordeal raises deeper questions about how many other educators may be suffering silently under similar injustices — punished by administrative excess and denied the fair treatment guaranteed under Kenyan law.
The “Teacher Earning Ksh1.25 Monthly” case is now seen as a turning point for labour justice in Kenya’s education system — a reminder that no employer, not even a constitutional commission, is above the law.