Teachers Fault Government’s Move on Hardship Allowance

Murang’a: More than 1,200 teachers working in Murang’a South and Gatanga sub-counties are calling on the government to halt plans of scrapping the two areas from the designated hardship zones in the country.

According to Kenya News Agency, the teachers, speaking in Kenol town, Murang’a South, said the two sub-counties have yet to attain sustainable development, where access to clean water, among other services, still remains a challenge. Led by secretary of the Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA), Ndungu Wangenye, the teachers drawn from both secondary and primary schools argued that the proposal by the government will see Murang’a County removed from the hardship list.

They stated that the plan to scrap the two sub-counties in Murang’a from hardship areas was unconstitutional and discriminatory and failed to take into account the realities faced by teachers in marginalised regions. Narrating the challenges they go through while working in hardship areas, Ndungu argued that the government should instead work on increasing the hardship allowance to be paid as half of the basic salary that one gets as a teacher.

The secretary claimed that the withdrawal of hardship allowances would gravely undermine access to education, healthcare, and essential services in arid and semi-arid communities, further marginalising the already disadvantaged populations. He accused the government of failing to conduct adequate public participation before reaching the decision.

A recent report by the government had proposed a reduction of hardship allowances and scrapping some areas from the official list altogether. The report had also proposed the de-gazettement of more than 50 hardship zones across the country. Ndungu further asked the government to increase the number of designated hardship areas, especially the extreme cold areas, as teachers who work there suffer from ailments occasioned by cold weather.

One of the teachers, Mburu Gitau, observed that instead of trying to reduce the hardship allowances and scrapping some categories completely to save Sh6 billion, the government should strive to fight corruption, noting that billions were being lost through the vice. On September 5 this year, Employment and Labour Relations Court, Lady Justice Hellen Wasilwa issued injunctive orders barring the Salaries and Remuneration Commission (SRC), Public Service Commission (PSC), Teachers Service Commission (TSC), the Office of the Prime Cabinet Secretary, and the Attorney General from effecting changes to hardship allowances pending the hearing and determination of the case.

The orders suspend the implementation of the 2019 Inter-Agency Technical Committee Report on Hardship Areas Reclassification, which had been tabled in Parliament by the Office of the Prime Cabinet Secretary. The case that was filed by the Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA) argued that the government’s decision to scrap hardship allowances in designated regions violated their socio-economic and cultural rights, as enshrined in the Constitution.

Through their petition, the teachers challenged the government’s reliance on the 2019 Inter-Agency Technical Committee Report, which sought to reclassify and degazette hardship areas. In their petition, KETHAWA cited violations of Articles 41, 43, and 47 of the Constitution, which guarantee fair labour practices, socio-economic rights, and fair administrative action. The association further invoked provisions of the African Charter on Human and Peoples’ Rights, arguing that the withdrawal of hardship allowances would expose teachers to inhumane working and living conditions. They urged the court to declare the implementation of the 2019 report null and void, and to reinstate the hardship allowances.