Court upholds TSC dismissal of teacher who missed duty to care for sick father

A court has upheld the Teachers Service Commission’s (TSC) decision to dismiss a teacher who was absent from duty while caring for his father who was ill. 

In a judgment issued in the Employment and Labour Relations Court in Machakos, Justice Jemimah Keli dismissed the teacher’s constitutional petition challenging his removal from service.

“The court found there was substantial fairness, as the reason for termination was proved to be true and there was proof of a fair hearing before the termination,” stated court documents.

The dispute arose after the teacher, who had served for 25 years, travelled from Nairobi to Kitale in February 2020 after learning that his father had been admitted to hospital and required cancer treatment.

He said he arranged for colleagues to handle his classes and informed the school principal about the family emergency. 

After his father was discharged, the teacher resumed his duties and participated in school activities shortly before schools were closed following the outbreak of Covid-19. 

Wiper sets application fees for 2027 aspirants

Kenya Airways chief steps down after less than a year in office

Kenyan SACCO members risk losing KSh 11.6b after Kuscco liquidation

Ministry of Education addresses HELB delays for university students

Ruto appoints Duncan Ojwang IPOA Chair, Sossion and Lentoijoni to TSC

However, TSC treated his absence of over two weeks as desertion of duty, saying he had neither obtained permission nor secured compassionate leave as required by the applicable regulations. 

He was subsequently subjected to disciplinary proceedings, during which the commission said he admitted being away without permission and acknowledged that he had not applied for compassionate leave.

The disciplinary panel dismissed him, and a subsequent review hearing in August 2022 upheld the decision. 

The teacher moved to court seeking reinstatement and Ksh1.36 million in salary and other payments, while arguing that his right to a fair hearing and fair administrative action had been violated. 

While the court rejected TSC’s argument that the case had been filed out of time, it held that the limitation period began after the internal review decision was communicated rather than at the initial dismissal. 

Justice Keli found that the disciplinary process had met the required threshold of fairness, noting that the teacher had been heard and had not demonstrated that he was prevented from presenting witnesses or challenging evidence. 

Standard Group Editor Alex Kiprotich found dumped near Masinga Dam after abduction

NCIC summons Governor Lenku and nominated MP Wainaina

Former Machakos Chief Officer charged with alleged forgery of academic certificates

ODM responds to a letter alleging a deal to share top seats with UDA

‘I carried used condom from home’: clinical officer accused of raping dialysis patient acquitted