The proposal, contained in the 2019 Inter-Agency Technical Committee Report on Hardship Areas Reclassification, recommends reducing hardship zones and scrapping some categories altogether, a change that would save the government approximately Ksh 6 billion annually.

However, teachers have strongly opposed the plan, terming it unconstitutional, discriminatory, and insensitive to the realities of those serving in remote and challenging environments.

Speaking during a teachers’ baraza in Murang’a, the Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA) Secretary, Ndung’u Wangenye, said the proposal would unfairly disadvantage thousands of teachers working in marginalised regions.

“The government’s plan to remove Murang’a and other regions from hardship classification is unfair and unconstitutional,” said Wangenye.

“Teachers in these areas face difficult living and working conditions, poor infrastructure, and limited access to healthcare and water.”

He said over 1,200 teachers in Murang’a alone stand to lose their allowances, warning that the withdrawal could worsen teacher shortages in hardship regions as many would seek transfers to more favourable areas.

“Instead of reducing the hardship allowance, the government should increase it to at least half of a teacher’s basic salary,” Wangenye said.

“Teachers are suffering. Some of us work in extremely cold areas where many have fallen ill because of the harsh weather.

The association accused the government of failing to conduct public participation before drafting the reclassification report.

“This report was sneaked in without consulting teachers or stakeholders,” said one teacher at the forum.

“You cannot make policies about hardship areas from air-conditioned offices in Nairobi. Come to the ground and see what we go through.”

Teachers argued that the withdrawal of hardship allowances would undermine access to education, healthcare, and other basic services in remote communities — further marginalising populations already struggling with poverty and poor infrastructure.

The dispute has since moved to court.

The Employment and Labour Relations Court in Nairobi, through Lady Justice Hellen Wasilwa, has issued injunctive orders barring the Salaries and Remuneration Commission (SRC), Public Service Commission (PSC), Teachers Service Commission (TSC), Office of the Prime Cabinet Secretary, and the Attorney General from implementing the proposed changes.

The orders suspend the implementation of the 2019 report pending the hearing and determination of the case filed by KETHAWA.

“We welcome the court’s decision,” said Wangenye. “This is a victory for teachers and for justice. You cannot classify our hardship based on outdated or political considerations.”

In their court petition, KETHAWA argued that the government’s proposal violates Articles 41, 43, and 47 of the Constitution, which guarantee fair labour practices, socio-economic rights, and fair administrative action.

The teachers also invoked provisions of the African Charter on Human and Peoples’ Rights, claiming that removing hardship allowances would expose them to inhumane working and living conditions.

“This is not just about money; it’s about dignity and fairness,” said Wangenye.

“Teachers in hardship zones work under extreme conditions,poor roads, insecurity, lack of electricity, and minimal healthcare. Removing this allowance would be punishing the very people who keep education alive in these areas.”

The petition seeks to have the court declare the implementation of the 2019 report null and void, and to reinstate hardship allowances for all affected regions.Teachers also challenged the government’s justification that the allowance cuts are part of cost-saving measures, saying the focus should instead be on tackling corruption and wastage of public funds.

“You can’t save Ksh 6 billion by punishing teachers while billions are lost every year through corruption,” said another teacher.

“Let the government seal corruption loopholes instead of targeting hardworking teachers.”

The teachers say they will continue to press for dialogue with relevant state agencies to ensure their welfare and the right to fair compensation are protected.

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