A group of teachers working in Kenya’s hardship and arid regions has moved to court, accusing the Teachers Service Commission of unfair and discriminatory practices in its ongoing promotion cycle.

The teachers have filed a petition at the Employment and Labour Relations Court, seeking to stop the implementation of TSC’s latest promotions, which they say have deliberately locked them out despite their qualifications.

Under the banner of the Kenya Teachers in Hardship and Arid Areas Welfare Association, the educators claim that TSC unfairly left out about 1,864 teachers from counties designated as hardship areas, including Samburu, Marsabit, Garissa, Isiolo, Wajir, Lamu, Turkana, Mandera, and Tana River.

The association argues that the decision denies these teachers their rightful career progression opportunities in the 2024–2025 financial year.

In the petition, which also lists the National Assembly and the Attorney-General as respondents, the teachers warn that if the promotions go ahead as planned, they will suffer discriminatory treatment. The teachers are among the more than 25,000 staff the TSC announced it would promote in January this year.

“The said implementation will result in discrimination against teachers serving in these historically marginalised areas, thereby violating the economic and social rights of the teachers, students and the communities they serve,” the petition reads in part.

Through their lawyer Theddaos Okundi, the petitioners say the exclusion could have wide-reaching effects on both education service delivery and social cohesion in the affected regions. They argue the move risks causing demoralisation among staff, disrupting education in the arid counties, and sparking unrest among teaching staff.

They are asking the court to issue orders halting the implementation of the promotions until the case is heard and determined.

“The matter raises substantial constitutional questions of public interest affecting thousands of teachers and vulnerable populations in historically marginalised regions, which require urgent and immediate judicial intervention,” the petition adds.

The teachers have also criticised their unions for failing to speak up on their behalf. They feel abandoned by organisations that are expected to champion their rights and interests.

“We feel abandoned by unions, by institutions, and by those who should have stood for fairness,” said Anthony Barasa Mabonga, who spoke on behalf of the affected teachers.