In a landmark ruling, the Employment and Labour Relations Court in Nyeri has directed the Murang’a County Public Service Board to pay Early Childhood Development Education (ECDE) teachers their full salaries and allowances in line with the Salaries and Remuneration Commission (SRC) advisory. Delivered on May 22, 2025, the judgment followed a petition by the Kenya Union of Pre-Primary Education Teachers (KUPPET), which argued that the county had been underpaying its ECDE staff despite a binding SRC circular issued on August 10, 2023. Presiding Judge Onesmus Makau declared that the county had violated the constitutional rights of teachers by failing to implement the advisory.
The court ruling emphasized that the county’s continued payment of lower special salaries amounted to discrimination and contravened Article 27 of the Constitution as well as Section 5 of the Employment Act, 2007. KUPPET argued that the failure to follow the SRC directive breached constitutional guarantees of fair remuneration and equal treatment. The county’s claim that the matter was premature due to bypassing collective bargaining was dismissed, with Justice Makau noting that no collective bargaining agreement existed between the union and the county. The judgment underscored the binding nature of SRC advisories, citing previous appellate rulings affirming that such directives are mandatory under the Constitution.
The court ordered that all affected teachers be paid in accordance with the SRC circular, with backdated payments from July 1, 2023, or from their date of employment if after that date. While the ruling absolved other respondents, including the Murang’a County Assembly, the Public Service Commission, the Attorney General, and the SRC itself, Justice Makau highlighted the county board’s responsibility in ensuring fair pay. The judgment, reflecting the public interest nature of the case, was issued without costs. Education stakeholders have welcomed the decision, hailing it as a victory for teachers’ rights and a step toward fair treatment in Kenya’s devolved education sector.