A court has dismissed an application by an old boys' association to stop the replacement of suspended Maseno School principal Paul Otula.
Maseno National School Old Boys Association wanted to overturn last week's decision by the Teachers Service Commission (TSC) to send Mr Otula on 30-days forced leave to pave the way for investigations into the recent allegations of bullying and sexual molestation at the school.
TSC Chief Executive Officer Nancy Macharia appointed Homa Bay High School Principal Andrew Buop to replace him.
Opposed to the move, the association went to court and filed an injunction to bar Mr Buop from taking over at Maseno.
Lawyer James Mwamu argued that the right person to take over Otula's job, in an acting capacity, was his deputy.
Mr Mwamu accused Education ministry officials of treating Otula unfairly. He said the ministry did not have any report on investigations to warrant the commission's decision.
"My client was ejected by TSC officials in the company of four police officers," he said.
But yesterday, the Employment and Labour Relations court threw the application out after the lawyers representing the association failed to prove their case.
Justice Maureen Onyango also directed the lawyers to serve TSC with the application after it emerged that only the Attorney General had been served. The AG did not appear in court.
Ms Onyango noted that TSC was not aware of a suit challenging its decision to discipline Otula.
The application will be heard afresh on Thursday.