TSC-suspended teachers offered reprieve after court’s ruling
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Teachers suspended by the Teachers Service Commission (TSC), offered a reprieve after a court ruled on the nature of the disciplinary cases
Teachers suspended by the Teachers Service Commission (TSC), offered a reprieve after a court ruled on the nature of the disciplinary cases.
Justice Byram Ongaya, the principal judge of the Employment and Labour Relations Court (ELRC), determined on March 16 that disciplinary cases must legally have one TSC commissioner serving as the chairperson.
As evidenced by prior disciplinary proceedings, the judge claimed that the authority of TSC commissioners could not be transferred.
Whatever decision the disciplinary panel takes in the future without a commission member will be treated as inconsequential.
“Thus (the TSC HR Manual) being an instrument made under the statutory provisions, the court finds that indeed its provisions could not be changed internally by the TSC without involving the Parliament as envisaged in the Statutory Instruments Act, 2013 –and which has not been shown to have been done,” the judge ruled.
The case, a landmark decision, allows for a review of all TSC disciplinary decisions after some teachers accused their employers of holding unfair hearings.
Rose Mwende Mutisya, a secretariat official for the Teachers Service Commission (TSC), petitioned the court in August 2022, alleging discrimination on the part of her employment.
Mwende bemoaned the fact that, as a result of an internal audit by the commission, the TSC fired and reprimanded five employees on December 16, 2021, including her.
TSC was looking into 22 instructors’ erroneous promotions at the time.
According to its internal audit, some employees took advantage of the numerous promotions to add the names of unqualified people.
Mwende was fired from her job in addition to being found guilty of making unauthorized wage modifications.
Through lawyer Njeri Ngunjiri, Mwende sued TSC stating that the panel was illegal as it went against clause 119(2) of the TSC Human Resource (HR) Manual.
Justice Ongaya found that Mwende was discriminated against and dismissed unfairly. He noted that other employees in similar circumstances were either suspended or warned.
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The dismissal was found to be excessive, and the court ordered her reinstatement.
On May 14, 2020, TSC passed a resolution that stated that the management should hold disciplinary cases.
Only review cases could be held by someone who is not in management.
However, teachers unions, the Kenya Union of Post-Primary Education Teachers(KUPPET) and the Kenya National Union of Teachers (KNUT), want an independent body to handle teachers’ disciplinary cases.
“Teachers are on their own when they are being disciplined and even dismissed,” KNUT Secretary General Collins Oyuu stated, on Tuesday, February 21, while addressing the National Assembly’s Education Committee.
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