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.