TSC challenges the appointment of the deputy CEO.
A petition to overturn a decision to reinstate Dr. Kennedy Juma Mulunda as deputy chief executive has been filed by the employer of teachers with the Court of Appeal.
In its appeal against the Employment and Labour Relations Court’s ruling, the Teachers Service Commission (TSC) claims that the lower court erred by failing to determine that Dr. Mulunda received a fair hearing prior to his dismissal.
In its appeal papers submitted by Obura Mbeche Attorneys, TSC expresses resentment over Judge Monicah Mbaru’s ruling ordering Mulunda’s reinstatement.
It claims that TSC fired Dr. Juma for justifiable reasons. TSC has filed a lawsuit with its president and CEO, Dr. Nancy Macharia.
In a decision dated November 30, Lady Justice Mbaru concluded that TSC had wrongfully fired Dr. Mulunda due to claims of bribery and intimidation. Mulunda must resume his tasks right away without losing his pay, benefits, or other employment rights, the judge ruled.
As the deputy commission secretary, he held the second-highest position in TSC. The court can only order that he be promptly reinstated to his post because the premature process that led to his severance of employment caused him to suffer a greater loss, declared Judge Mbaru.
The ruling is a significant victory for Mulunda, who has been at odds with the teachers’ union ever since he was fired on June 20. Nevertheless, since someone else has been named to fill his position, confusion is sure to result.
In his appeal, Dr. Mulunda said that his problems began in October 2021, when he was on business in Geneva, Switzerland, when he learned from his boss that certain school administrators in Western and Nyanza had complained about his alleged harassment and intimidation.
Dr. Muliunda received a show-cause notice in January 2022 due to claims of abuse of office, swaying teacher transfers, meddling in the schools’ procurement procedures, and bribery. TSC defended the disciplinary procedure that resulted in Mulunda’s dismissal, saying that it gave
The commission, on the other hand, was found to have acted hastily in its decision to fire him, according to Judge Mbaru, and there was no rationale for the TSC to depend on the findings of the investigation committee rather than give Mulunda a chance to present his own case.
TSC is now requesting that the Court of Appeal reverse the decision.
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