The Teachers Service Commission (TSC) has elected to move to the Court of Appeal to challenge the issuing of an order that reinstates Dr Kennedy Juma Mulunda as the Deputy Chief Executive Officer (CEO).
The Commission’s Chief Executive Officer (CEO) is Dr Nancy Macharia.
TSC’s appeal against the Employment and Labour Relations Court, argues that the Employment and Labour Relations Court made an error by failing to recognize that Dr Mulunda had been accorded a fair hearing before being dismissed from his position.
In their appeal lodged by Obura Mneche Advocates, TSC is aggrieved that Justice Monicah Mbaru had ordered Mulunda’s reinstatement.
TSC argues that there were reasonable reasons behind the sacking of Dr Juma. The Commission sued alongside the TSC CEO Dr Nancy Macharia.
In her ruling dated the 30th of November, Lady Justice Mbaru said that the Commission had unfairly sacked Dr Mulunda over allegations of bribery and intimidation.
The judge ruled that Mulunda resumes his duties with immediate effect without any 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 Lady Justice Mbaru.
The decision was good news to Dr Mulunda who had been battling against the Commission’s decision to dismiss him on the 20th of June last year.
The issue has a twist with another person having been appointed to take up his role after he had been sacked.
Dr Mulunda’s plight began in October 2021 whilst on official duties in Geneva Switzerland when he received a message from his boss that some school heads in Western and Nyanza had complained over his alleged harassment and intimidation.
In January last year, Dr Mulunda was issued with a show-cause letter over various accusations. The allegations included abuse of office, influencing the transfer of teachers, interference with the procurement process in schools, and bribery.
In its defence, the Commission defended the disciplinary process that led to Mulunda’s sacking arguing that they had given him a fair chance to defend himself but that he had declined.
However, Justice Mbaru ruled that the Commission had hurried the decision to dismiss him and that the Commission had no justification for solely relying on the report issued by an investigative committee instead of giving Mulunda a chance to defend himself.
With the appeal, TSC intends to have the Court of Appeal overturned the judgment.