Court bars punitive action against school principal by TSC

August 23, 2016 5:20 pm
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The judge said that Kiragu has lodged an application challenging the intended disciplinary action arising from allegations against her which she has not been shown/FILE
The judge said that Kiragu has lodged an application challenging the intended disciplinary action arising from allegations against her which she has not been shown/FILE

, NAIROBI, Kenya, Aug 23 – The Teachers Service Commission (TSC) has been restrained from taking disciplinary action against the Principal of Kerugoya Girls High School, pending the hearing and determination of a dispute before the court.

Employment and Labour Relations Judge Nelson Aboudha said that the TSC should not interfere with the employment of Rose Kiragu, transfer, demote interdict or remove her from office based on a letter dated May 15 and expected to last until August 29, 2016.

The judge said that Kiragu has lodged an application challenging the intended disciplinary action arising from allegations against her which she has not been shown.

The teacher through lawyer Steve Mogaka told the court that her employer has instituted disciplinary proceedings based on allegations that were never revealed to her.

She is accused of allegedly locking out two parents of Form 2 students who came late to a meeting held on May 27.

She is also accused of chasing away students whose parents were late for the said the meeting.

In her defence the principal says at no time did she give instructions to lock out any one at the gate.

However she said for security reasons the school has policy that requires people to identify themselves at the gate and reason for the visit.

She denies allegation that she ignored calls from TSC over the allegations.

She said the complaint arose from fabrication by agents, servants and employees of TSC to unfairly jeopardise and ruin her distinguished career as teacher and principal of various schools including Kerugoya Girls.

The lawyer said that the principal was not served with a copy of allegations made against her, while panellist at the proceedings were actively influenced in creating the complaint thereby lacking independent to sit in and decide over the proceedings.

“I was not allowed to record anything that transpired at the proceedings,” the court heard.

She further said that disciplinary action against her is founded on complaint and flawed proceedings of improperly constituted disciplinary tribunal that sat on July 27.

Mogaka told the court that the principal was only given a letter asking her to show cause why action should not be taken against her.

“We have written to TSC asking for them to disclose the compliant or allegations made against her,” he said.

The principal claims said compliant was lodged by a parent who claim to have come late to the school’s meeting on May 27 but went away with his child.

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