TSC ordered to halt interdiction
By Nderitu Gichure
| November 10th 2015
The Employment and Labour Relations Court in Nyeri has stopped the Teacher Service Commission from interdicting a head teacher from Embu County for allegedly participating in a strike.
Justice Byram Ongaya Monday issued stay orders against the teachers' employer from interdicting the head teacher of St Hellen Karimari Primary School.
The Kenya National Union of Teacher had sued TSC on behalf of the said head teacher, Salesion Karanja Gicovi.
"I issue stay against implementation of disciplinary process by the respondent agents or servants," Justice Ongaya directed.
He also ordered that Mr Gicovi will continue to serve in the position of the head teacher and that no other person shall serve in that position pending inter parties hearing Wednesday.
"County Director Lilian Macharia should be served with the order and shall be held responsible for the compliance of the same," the judge further ruled.
In a letter dated October 2, Macharia on behalf of TSC had written to Gicovi over what she termed as insubordination and incitement.
"You failed to receive and issue appointment casualty return to two newly posted teachers in your school on claims that you were on strike," the letter filed by TSC read in part.
Gicovi was further accused of inciting a senior teacher and the chairman of the school management board not to report to the county director's office.
"Before the commission proceed to investigate and consider and determine your case, you will be invited to make a statement in writing and be received within 21 days," the letter further notes.
But in a replying affidavit, Knut Embu branch executive secretary John Munyi wrote to the TSC on October 15 seeking for the lifting of the interdiction.
"Disciplinary proceedings initiated lack merit or procedural fairness as the applicant was not given an opportunity to be heard," Munyi stated.
He said interdiction was contrary to the Constitution, the teacher code of regulation, Employment Act and TSC Act as due process and the rules of natural justice were not adhered to.
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