Teachers’ employer has moved to the Court of Appeal to challenge an order to reinstate Dr. Kennedy Juma Mulunda as deputy chief executive.
The Teachers Service Commission (TSC) in its appeal against the judgment by the Employment and Labour Relations Court argues that the lower court erred by failing to find that Dr Mulunda was accorded a fair hearing before he was sacked.
In its appeal papers filed by Obura Mbeche Advocates, TSC is aggrieved that Justice Monicah Mbaru ordered that it should reinstate Mulunda.
It asserts that there were reasonable reasons why TSC sacked Dr Juma. TSC has sued alongside its chief executive Dr. Nancy Macharia.
Lady Justice Mbaru, in her judgement dated November 30, ruled that TSC unfairly sacked Dr Mulunda over allegations of bribery and intimidation.
The judge ordered that Mulunda resumes his duties immediately without loss of salary, benefits and work entitlements.
“He was the second highest officer at TSC as the deputy commission secretary. The premature process leading to termination of his employment placed him at a higher loss and the only remedy the court can issue is that he be immediately reinstated to his position,” ruled Justice Mbaru.
The decision is a big win for Mulunda who has been battling the teachers’ employer since his sacking on June 20, and is likely to create confusion since another person was appointed to take up his role.
Dr Mulunda, in his petition, stated that his troubles started in October 2021 while on official duties in Geneva, Switzerland, when he received a message from his boss that some school heads in Western and Nyanza were complaining over his alleged harassment and intimidation.
In January 2022, Dr Muliunda was issued with a show-cause notice over allegations of abuse of office, influencing teachers’ transfers, interference with the schools’ procurement processes and bribery.
TSC, in its defence, defended the disciplinary process leading to Mulunda’s sacking, arguing that it gave him a fair chance to defend himself but he declined.
Justice Mbaru, however, ruled that the commission hurriedly made the decision to sack him and that there was no justification for TSC to rely on an investigative committee report instead of giving Mulunda a chance to defend himself.
TSC now wants the Court of Appeal to overturn the judgment.
The same TSC should look into the behavior of Likuyani subcounty Director who harasses,shouts,intimidates,threatens teachers publicly.I have evidence clips if needed.
The same TSC should look into the behavior of Likuyani Sub-county Director,A whole Dr Francis Abobo,thrives on cheap lies from headteachers and harasses,shouts,intimidates,threatens teachers publicly.I have evidence clips if needed.
I’m still in benefits of doubt how a commission can fire and hire a commissioner
You should have discipline as teachers employer, making decisions unanimously without key reasons because of hidden personal interests is not good. If not wrong Nancy macharia was to retire long way back. She knew that mulunda could succeed her and that’s when the game begun. Thousands of teachers mushrooming outside TSC field is not because of mulunda, its because she has slow implementation of strategies to improve the profession
Am concerned about repeatedly poor performance of Mwangaza secondary in Lurambi sub county. This school has never sent had a mere C+ for the last 10yrs. If it has its a repeat student attempting KCSE for a second time.
Mwangaza secondary enrolment is so poor because of non performance, parents preferring nearby schools in Lurambi sub county. Where are education officials in this area to look into this school’s administration?
The demagogue tsc should be trimmed off some powers,how on earth do one become the complaint,invstigating officer,judge,defense lawyer,the appellate judge,how do you then take a goat to a court led by leopards and expect justice?
The best place to report the matter is EACC. They deal with matters Ethics and Corruption in public offices.