REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL SUIT NO. OF 2024
MOSES KABIRO MURAYA …………………………………………...…... CLAIMANT
VERSUS
TEACHERS SERVICE COMMISSION ……………………….............. RESPONDENT
MEMORANDUM OF CLAIM
A. ISSUES IN DISPUTE
1. Wrongful early compulsory retirement contrary to the Teachers Service Commission Code
of Regulations for Teachers, 2015
2. Non-implementation of the 2021-2025 Collective Bargaining Agreement
3. Wrongful job placement contrary to the Career Progression Guidelines, 2018
4. Compensatory damages
B. DESCRIPTION OF PARTIES
1. The claimant is an adult Kenyan citizen of sound mind, formerly employed as a teacher
by the Teachers Service Commission (TSC) and residing within Nairobi County. His
address of service for this suit is c/o C.O WASONGA & COMPANY ADVOCATES,
UNIAFRIC HOUSE, 2ND FLOOR, SUITE 22O, KOINANGE STREET, P.O BOX
223-00100 NAIROBI.
2. The respondent is a body corporate established under Articles 237 and 248 of the
Constitution of Kenya 2010, tasked with the employment and management of teachers in
public schools. [Service of Summons upon it will be effected through the claimant’s
Advocates’ office].
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C. STATEMENT OF FACTS
3. That at all material times of this suit, the claimant was an employee of the respondent
working under an express ‘Contract of Employment’ as a primary school Teacher, and
the terms thereto were on a permanent and pensionable basis.
4. That the claimant received a confirmation of appointment letter from the respondent
dated 25th July, 1997.
5. That the claimant was appointed as a Deputy Headteacher with effect from 3rd
September, 2007 via a letter with reference number CEO/TSC/311697/20 dated 14th
January, 2011.
6. That on 25th October, 2016, the Kenya National Union of Teachers (KNUT), a union
of which the claimant is a member, and the respondent, signed the 2017-2021 Collective
Bargaining Agreement (CBA) which commenced on 1st July, 2017 and was to remain
in force for a period of four (4) years with effect from 1st July, 2017 to 30th June, 2021.
The terms of the agreement were binding on all parties until a new CBA was to be
negotiated.
7. That the claimant was deployed as a Headteacher with effect from 18th May, 2018 via a
letter with reference number TSC/HEAD/May2018 dated 17th May, 2018.
8. That the claimant was later transferred as a Headteacher with effect from 28th
September, 2020 via a letter with reference number TSC/KBU/311697/9 dated 24th
September, 2020.
9. That the claimant was compulsorily retired with effect from 30th June, 2024 via a letter
with reference number TSC/311697/8 dated 16th February, 2023.
10. That while the claimant was still in employment, on 13th July, 2021, the Kenya National
Union of Teachers (KNUT), signed the 2021-2025 Collective Bargaining Agreement
(CBA) which commenced on 1st July, 2021 and was to remain in force for a period of
four (4) years with effect from 1st July, 2021 to 30th June, 2025. The terms of the
agreement were binding on all parties until a new CBA was to be negotiated.
D. PARTICULARS OF WRONGFUL EARLY COMPULSORY RETIREMENT
CONTRARY TO THE TEACHERS SERVICE COMMISSION CODE OF
REGULATIONS FOR TEACHERS, 2015
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11. That the claimant was wrongfully compulsorily retired early by the respondent as
demonstrated below:
i. Clause 16.1.2 of the 2021-2025 Collective Bargaining Agreement
(CBA) says that a member may exit service through retirement and
Clause 16.2 says that the exit from service by members shall be
undertaken as provided under Part XII of the Code of Regulations for
Teachers.
ii. Part XII of the Teachers Service Commission Code of Regulations for
Teachers, 2015 section 161 (1) says that a teacher shall retire
compulsorily upon attaining the age of 60 years.
iii. The claimant’s National ID date of birth is 31st December, 1964 therefore
he should retire on 31st December, 2024.
iv. The claimant retired on 30th June, 2024 which is when the commission
dated his retirement via the compulsory retirement letter dated 16th
February, 2023.
12. That the commission compelled the claimant to compulsorily retire early, resulting in his
loss of income and benefits for six (6) months.
E. PARTICULARS OF NON-IMPLEMENTATION OF THE 2021-2025
COLLECTIVE BARGAINING AGREEMENT
13. That the 2017-2021 CBA and 2021-2025 CBA entered in the register of collective
bargaining agreements maintained by the Employment and Labour Relations Court at
Nairobi were erroneously implemented as demonstrated below:
i. The claimant being deployed to the job category of Head Teacher, via
deployment letter dated 17th May, 2018, the 2017-2021 CBA and 2021-
2025 CBA place him at a minimum salary of Kshs. 62,272 and a
maximum of Kshs. 77,840, a housing allowance of Kshs. 35,000 and a
commuter allowance of Kshs. 8,000.
ii. The respondent however placed him in the wrong salary bracket as a
Deputy Head Teacher II, as per his payslips from 2018 to 2024, thus
affecting his salary and allowances, as he was earning a basic salary of
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Kshs. 61,909, a housing allowance of Kshs. 22,000 and a commuter
allowance of Kshs. 8,000.
14. That the claimant has produced the letter dated 17th May, 2018 qualifying him for the
promotion to the job category of Headteacher, T-Scale 10 C5, therefore the salary
bracket in his payslips should reflect that, from his deployment in 2018 to his retirement
in 2024.
15. That clause 7.1.1 of the 2017-2021 CBA and 2021-2025 CBA state that the basic salary
of teachers shall be as per Appendix 1 which says that the basic salary of a Head
Teacher, T-Scale 10 C5, ranges from Kshs. 62,272 on the minimum and Kshs. 77,840 on
the maximum.
16. That clause 7.5 of the 2017-2021 CBA and 2021-2025 CBA state that the housing
allowance of teachers shall be as per Appendix 4 and Appendix 5 respectively which
says that the housing allowance of a Head Teacher, T-Scale 10 C5, is Kshs. 35,000.
17. That clause 7.2 of the 2017-2021 CBA and 2021-2025 CBA state that the commuter
allowance of teachers shall be as per Appendix 2 which says that the commuter
allowance of a Head Teacher I, T-Scale 10 C5, is Kshs. 8,000.
18. That the claimant met all the above requirements therefore he ought to have been placed
in the correct salary bracket in his payslips as Head Teacher, T-Scale 10 C5.
19. That the underpayments are likely to affect his pension calculations and retirement
benefits.
F. PARTICULARS OF WRONGFUL JOB PLACEMENT CONTRARY TO THE
CAREER PROGRESSION GUIDELINES, 2018
20. That the claimant was placed in the wrong job category contrary to the CPG as
demonstrated below:
i. The claimant was deployed to the position of Head Teacher via a
deployment letter dated 17th May, 2018.
ii. The claimant’s payslips from his deployment in 2018 to his retirement in
2024 place him in the job category of Deputy Head Teacher II.
iii. The CPG says that the respondent should have placed the claimant as
Headteacher, T-Scale 10 C5.
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21. That the claimant has produced the deployment letter dated 17th May, 2018 qualifying for
the promotion to the job category of Headteacher, T-Scale 10 C5, therefore the job
category in his payslips should reflect that, from his deployment in 2018 to his retirement
in 2024.
22. That clause 2.3.7 of the CPG says that:
To qualify for appointment to the grade of Head Teacher, T-Scale 10, a teacher must:
i. have served as Deputy Head Teacher II T-Scale 9 for a minimum period
of three (3) years;
ii. be in possession of a Bachelor of Education degree in or its equivalent;
iii. have satisfactory rating in the performance appraisal process;
iv. have successfully undertaken the relevant TPD modules;
v. have demonstrated ability to supervise, mentor and provide professional
support to other teachers;
vi. have a valid Teaching Certificate;
vii. meet the requirements of Chapter Six (6) of the Constitution; and
viii. meet any other requirement the Commission may deem necessary.
23. The claimant met all the above requirements and served as Deputy Head Teacher II
since his appointment via a letter from the respondent dated 14th January, 2011,
therefore he should have been placed in the correct job category in his payslips as Head
Teacher, T-Scale 10 C5.
G. PARTICULARS OF COMPENSATORY DAMAGES
24. That the respondent's actions amounted to the claimant suffering loss, damage, and the
underpayments are likely to affect his pension calculations and retirement benefits.
25. That the claimant is therefore claiming compensatory damages from the respondent and
remedial action from this court.
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26. That the claimant avers that there is no other suit pending between the him and the
respondent on the same subject matter.
27. That the claimant further avers that despite the demand and notice of intention to sue
being given, the respondent has failed to make good the claimant’s claim.
28. That the claimant avers that the claim is a CBA matter and the respondent’s head office is
located in Nairobi therefore this Honourable Court has jurisdiction to hear and determine
this suit.
H. LAWS/POLICIES/PRINCIPLES/CONVENTIONS RELIED UPON
1. Constitution of Kenya, 2010
2. Employment Act, 2007
3. Labour Relations Act, 2007
4. The Employment and Labour Relations Court Act, 2014
5. The Employment and Labour Relations Court Rules, 2024
6. Teachers Service Commission Code of Regulations for Teachers, 2015
7. Career Progression Guidelines, 2018
8. Collective Bargaining Agreement (CBA), 2017-2021
9. Collective Bargaining Agreement (CBA), 2021-2025
I. SCHEDULE OF DOCUMENTS TO BE RELIED UPON
1. Copy of the confirmation of appointment letter dated 25th July, 1997
2. Copy of the confirmation of appointment letter dated 14th January, 2011
3. Copy of the recommendation to the post of headteacher dated 19th November, 2015
4. Copy of recommendation letter dated 18th March, 2016
5. Copy of the deployment letter dated 17th May, 2018
6. Copy of the transfer of heads of institution dated 24th September, 2020
7. Copies of payslips from 2017-2024
8. Copy of the Collective Bargaining Agreement for the 2017-2021 period
9. Copy of the Collective Bargaining Agreement for the 2021-2025 period
10. Copy of the 2018 Career Progression Guidelines for teachers
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11. Copy of the excel sheet showing the calculations for basic salary and allowances
underpayment from July 2017 – June 2024
12. Copy of the excel sheet showing the calculations for early retirement claim from July
2024 – December 2024
13. Copy of compulsory retirement letter dated 16th February, 2023
14. Demand letter dated 30th September, 2024
J. RELIEFS
REASONS WHEREFORE the claimant prays for judgment against the respondent as
follows;
a) A declaration of wrongful early compulsory retirement contrary to the
Teachers Service Commission Code of Regulations for Teachers, 2015
b) A declaration of non-implementation of the 2017-2021 and 2021-2025
Collective Bargaining Agreement
c) A declaration of wrongful job placement contrary to the Career Progression
Guidelines, 2018
d) Tabulation and compensation for the claimant's pension and retirement benefits
e) Tabulation and compensation of underpaid salary, housing allowance, commuter
allowance, early retirement compensation and damages as below:
i. Underpaid Basic salary – Kshs. 1,628,984
ii. Underpaid Housing Allowance – Kshs. 1,382,000
iii. Underpaid Commuter allowance - Kshs. 28,000
iv. Early retirement compensation - Kshs. 725,040
v. Compensatory Loss & Damages – Kshs. 1,500,000
TOTAL - Ksh. 5,264,024
f) Interests in (e) above at court rates
g) Costs of the suit
h) Any other order the court may deem fit and just to grant in the circumstances.
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DATED at NAIROBI this……………………...day of…………………………….2024.
C.O WASONGA & COMPANY ADVOCATES
ADVOCATES FOR THE CLAIMANT
DRAWN & FILED BY:
C.O WASONGA & COMPANY ADVOCATES
UNIAFRIC HOUSE, 2ND FLOOR, SUITE 220
KOINANGE STREET
P.O BOX 223-00100
NAIROBI.
Email: info@wasongalaw.co.ke
advocatescowasonga@gmail.com
TO BE SERVED UPON
TEACHERS SERVICE COMMISSION
TSC HOUSE, UPPERHILL,
KILIMANJARO ROAD, OFF MARA ROAD
PRIVATE BAG, 00100
NAIROBI.
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REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL SUIT NO. OF 2024
MOSES KABIRO MURAYA …………………………………………...…... CLAIMANT
VERSUS
TEACHERS SERVICE COMMISSION ……………………….............. RESPONDENT
VERIFYING AFFIDAVIT
I, MOSES KABIRO MURAYA an adult of sound mind residing within Nairobi County do
hereby make oath and state as follows:
1. THAT I am the claimant fully conversant with the matter at hand and therefore,
competent to swear this affidavit;
2. THAT I have read the Memorandum of Claim together with all the supporting
documents and can verify its entire contents to be true and correct;
3. THAT there is no other pending suit that has been determined in any court on the same
subject matter and involving the same parties;
4. THAT what is deponed to hereinabove is true to the best of my knowledge and
understanding.
SWORN by the said
9
MOSES KABIRO MURAYA _____________________
DEPONENT
DATED at Nairobi
this _____ day of _______2024
BEFORE ME
COMMISSIONER FOR OATHS
DRAWN & FILED BY:
C.O WASONGA & COMPANY ADVOCATES
UNIAFRIC HOUSE, 2ND FLOOR, SUITE 220
KOINANGE STREET
P.O BOX 223-00100
NAIROBI.
Email: info@wasongalaw.co.ke
advocatescowasonga@gmail.com
TO BE SERVED UPON
TEACHERS SERVICE COMMISSION
TSC HOUSE, UPPERHILL,
KILIMANJARO ROAD, OFF MARA ROAD
PRIVATE BAG, 00100
NAIROBI
10
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL SUIT NO. OF 2024
MOSES KABIRO MURAYA …………………………………………...…... CLAIMANT
VERSUS
TEACHERS SERVICE COMMISSION ……………………….............. RESPONDENT
WITNESS STATEMENT
1. THAT I am MOSES KABIRO MURAYA of ID No. 5961928 and a resident of
NAIROBI within the Republic of Kenya.
2. THAT I was an employee of the respondent working under an express ‘Contract of
Employment’ as a primary school Teacher, and the terms thereto were on a permanent
and pensionable basis.
3. THAT I received a confirmation of appointment letter from the respondent dated 25th
July, 1997.
4. THAT I was appointed as a Deputy Headteacher with effect from 3rd September, 2007
via a letter with reference number CEO/TSC/311697/20 dated 14th January, 2011.
5. THAT on 25th October, 2016, the Kenya National Union of Teachers (KNUT), a
union of which I am member, and the respondent, signed the 2017-2021 Collective
11
Bargaining Agreement (CBA) which commenced on 1st July, 2017 and was to remain
in force for a period of four (4) years with effect from 1st July, 2017 to 30th June, 2021.
The terms of the agreement were binding on all parties until a new CBA was to be
negotiated.
6. THAT I was deployed as a Headteacher with effect from 18th May, 2018 via a letter
with reference number TSC/HEAD/May2018 dated 17th May, 2018.
7. THAT I was later transferred as a Headteacher with effect from 28th September, 2020
via a letter with reference number TSC/KBU/311697/9 dated 24th September, 2020.
8. THAT I was compulsorily retired with effect from 30th June, 2024 via a letter with
reference number TSC/311697/8 dated 16th February, 2023.
9. THAT while I was still in employment, on 13th July, 2021, the Kenya National Union
of Teachers (KNUT), signed the 2021-2025 Collective Bargaining Agreement (CBA)
which commenced on 1st July, 2021 and was to remain in force for a period of four (4)
years with effect from 1st July, 2021 to 30th June, 2025. The terms of the agreement were
binding on all parties until a new CBA was to be negotiated.
10. THAT I was wrongfully compulsorily retired early by the respondent as demonstrated
below.
11. THAT Clause 16.1.2 of the 2021-2025 Collective Bargaining Agreement (CBA) says
that a member may exit service through retirement and Clause 16.2 says that the exit
from service by members shall be undertaken as provided under Part XII of the Code of
Regulations for Teachers.
12. THAT part XII of the Teachers Service Commission Code of Regulations for
Teachers, 2015 section 161 (1) says that a teacher shall retire compulsorily upon
attaining the age of 60 years.
13. THAT my National ID date of birth is 31st December, 1964 therefore I should retire on
31st December, 2024.
14. THAT I retired on 30th June, 2024 which is when the commission dated my retirement
via the compulsory retirement letter dated 16th February, 2023.
15. THAT the commission compelled me to compulsorily retire early, resulting in my loss of
income and benefits for six (6) months.
12
16. THAT the 2017-2021 CBA and 2021-2025 CBA were erroneously implemented as
demonstrated below.
17. THAT being deployed to the job category of Head Teacher, via deployment letter dated
17th May, 2018, the 2017-2021 CBA and 2021-2025 CBA place me at a minimum salary
of Kshs. 62,272 and a maximum of Kshs. 77,840, a housing allowance of Kshs. 35,000
and a commuter allowance of Kshs. 8,000.
18. THAT the respondent however placed me in the wrong salary bracket as a Deputy Head
Teacher II, as per my payslips from 2018 to 2024, thus affecting my salary and
allowances, as I was earning a basic salary of Kshs. 61,909, a housing allowance of
Kshs. 22,000 and a commuter allowance of Kshs. 8,000.
19. THAT I have produced the letter dated 17th May, 2018 qualifying me for the promotion
to the job category of Headteacher, T-Scale 10 C5, therefore the salary bracket in my
payslips should reflect that, from my deployment in 2018 to my retirement in 2024.
20. THAR clause 7.1.1 of the 2017-2021 CBA and 2021-2025 CBA state that the basic
salary of teachers shall be as per Appendix 1 which says that the basic salary of a Head
Teacher, T-Scale 10 C5, ranges from Kshs. 62,272 on the minimum and Kshs. 77,840 on
the maximum.
21. THAT clause 7.5 of the 2017-2021 CBA and 2021-2025 CBA state that the housing
allowance of teachers shall be as per Appendix 4 and Appendix 5 respectively which
says that the housing allowance of a Head Teacher, T-Scale 10 C5, is Kshs. 35,000.
22. THAT clause 7.2 of the 2017-2021 CBA and 2021-2025 CBA state that the commuter
allowance of teachers shall be as per Appendix 2 which says that the commuter
allowance of a Head Teacher I, T-Scale 10 C5, is Kshs. 8,000.
23. THAT I met all the above requirements therefore I ought to have been placed in the
correct salary bracket in my payslips as Head Teacher, T-Scale 10 C5.
24. THAT the underpayments are likely to affect my pension calculations and retirement
benefits.
25. THAT I was placed in the wrong job category contrary to the CPG as demonstrated
below.
26. THAT I was deployed to the position of Head Teacher via a deployment letter dated
17th May, 2018.
13
27. THAT my payslips from my deployment in 2018 to my retirement in 2024 place me in
the job category of Deputy Head Teacher II.
28. THAT the CPG says that the respondent should have placed me as Headteacher, T-
Scale 10 C5.
29. THAT I have produced the deployment letter dated 17th May, 2018 qualifying me for the
promotion to the job category of Headteacher, T-Scale 10 C5, therefore the job category
in my payslips should reflect that, from my deployment in 2018 to my retirement in 2024.
30. THAT clause 2.3.7 of the CPG says that: to qualify for appointment to the grade of
Head Teacher, T-Scale 10, a teacher must; (i) have served as Deputy Head Teacher II
T-Scale 9 for a minimum period of three (3) years;
31. THAT I met all the above requirements and served as Deputy Head Teacher II since
my appointment via a letter from the respondent dated 14th January, 2011, therefore I
should have been placed in the correct job category in my payslips as Head Teacher, T-
Scale 10 C5.
32. THAT the respondent's actions amounted to me suffering loss, damage, and the
underpayments are likely to affect my pension calculations and retirement benefits.
33. THAT I am therefore claiming compensatory damages from the respondent and remedial
action from this court.
34. THAT I aver that there is no other suit pending between me and the respondent on the
same subject matter.
35. THAT I further aver that despite the demand and notice of intention to sue being given,
the respondent has failed to make good the claim.
36. THAT in light of the above, I pray for judgment to be entered against the respondent as
follows:
i. A declaration of wrongful early compulsory retirement contrary to the
Teachers Service Commission Code of Regulations for Teachers,
2015
ii. A declaration of non-implementation of the 2017-2021 and 2021-2025
Collective Bargaining Agreement
iii. A declaration of wrongful job placement contrary to the Career
Progression Guidelines, 2018
14
iv. Tabulation and compensation for the pension and retirement benefits
v. Tabulation and compensation of underpaid salary, housing allowance,
commuter allowance, early retirement compensation and damages as
below:
i. Underpaid Basic salary – Kshs. 1,628,984
ii. Underpaid Housing Allowance – Kshs. 1,382,000
iii. Underpaid Commuter allowance - Kshs. 28,000
iv. Early retirement compensation - Kshs. 725,040
v. Compensatory Loss & Damages – Kshs. 1,500,000
TOTAL - Ksh. 5,264,024
vi. Interests in (e) above at court rates
vii. Costs of the suit
viii. Any other order the court may deem fit and just to grant in the
circumstances.
37. THAT is all I wish to state.
___________________________________
MOSES KABIRO MURAYA
15
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL SUIT NO. OF 2024
MOSES KABIRO MURAYA …………………………………………...…... CLAIMANT
VERSUS
TEACHERS SERVICE COMMISSION ……………………….............. RESPONDENT
LIST OF WITNESSES
1. Moses Kabiro Muraya
2. Any other with the leave of the court
DATED at NAIROBI this……………………..day of…………………………….2024
C.O WASONGA & COMPANY ADVOCATES
ADVOCATES FOR THE CLAIMANT
16
DRAWN & FILED BY:
C.O WASONGA & COMPANY ADVOCATES
UNIAFRIC HOUSE, 2ND FLOOR, SUITE 220
KOINANGE STREET
P.O BOX 223-00100
NAIROBI.
Email: info@wasongalaw.co.ke
advocatescowasonga@gmail.com
TO BE SERVED UPON
TEACHERS SERVICE COMMISSION
TSC HOUSE, UPPERHILL,
KILIMANJARO ROAD, OFF MARA ROAD
PRIVATE BAG, 00100
NAIROBI
17
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL SUIT NO. OF 2024
MOSES KABIRO MURAYA …………………………………………...…... CLAIMANT
VERSUS
TEACHERS SERVICE COMMISSION ……………………….............. RESPONDENT
LIST OF DOCUMENTS
1. Copy of the confirmation of appointment letter dated 25th July, 1997
2. Copy of the confirmation of appointment letter dated 14th January, 2011
3. Copy of the recommendation to the post of headteacher dated 19th November, 2015
4. Copy of recommendation letter dated 18th March, 2016
5. Copy of the deployment letter dated 17th May, 2018
6. Copy of the transfer of heads of institution dated 24th September, 2020
7. Copies of payslips from 2017-2024
8. Copy of the Collective Bargaining Agreement for the 2017-2021 period
9. Copy of the Collective Bargaining Agreement for the 2021-2025 period
10. Copy of the 2018 Career Progression Guidelines for teachers
18
11. Copy of the excel sheet showing the calculations for basic salary and allowances
underpayment from July 2017 – June 2024
12. Copy of the excel sheet showing the calculations for early retirement claim from July
2024 – December 2024
13. Copy of compulsory retirement letter dated 16th February, 2023
14. Demand letter dated 30th September, 2024
DATED at NAIROBI this……………………..day of…………………………….2024
C.O WASONGA & COMPANY ADVOCATES
ADVOCATES FOR THE CLAIMANT
DRAWN & FILED BY:
C.O WASONGA & COMPANY ADVOCATES
UNIAFRIC HOUSE, 2ND FLOOR, SUITE 220
KOINANGE STREET
P.O BOX 223-00100
NAIROBI.
Email: info@wasongalaw.co.ke
advocatescowasonga@gmail.com
TO BE SERVED UPON
TEACHERS SERVICE COMMISSION
TSC HOUSE, UPPERHILL,
KILIMANJARO ROAD, OFF MARA ROAD
PRIVATE BAG, 00100
NAIROBI
19
