TSC Ordered to Pay Teacher for Wrongful Retirement.
The Teachers Service Commission (TSC) has been ordered to pay a teacher who was wrongfully retired with all arrears from the date she was removed from the payroll to her retirement date.
The Commission on Administrative Justice (CAJ) issued the directive on Monday, October 6 after finding that TSC had terminated the teacher’s employment on grounds of public interest without following due process.
According to CAJ, the case involved a teacher identified as MJG who was retired from Rwika Technical Institute in March 2024 on alleged public interest grounds.
CAJ received a formal complaint from MJG in March 2024 alleging unjustified retirement by TSC. After the complaint, the Commission started an inquiry and on April 2, 2024 wrote to TSC seeking clarification. TSC responded on April 3, 2024 saying a complaint resolution process had started and would respond later.
CAJ followed up on April 23, 2024 asking for an update within 30 days. TSC responded on July 9, 2024 saying MJG had been retired in public interest and her pension and benefits had been processed and paid in 2005.
But in a rejoinder dated May 5, 2025 MJG denied having any history of mental illness and that TSC had not obtained authorization from a Medical Board appointed by the Director of Medical Services to determine any incapacity.
CAJ informed TSC of this rejoinder on April 23, 2025 and asked for a response within 14 days. TSC responded on May 29, 2025 submitting documents to justify that the teacher had been retired on public interest grounds.
Upon review, the Commission analyzed whether the complainant was unfairly retired under the cited provision. It found that TSC had consistently used “public interest on medical grounds” as the reason. The ombudsman clarified that retirements on medical grounds is a distinct category recognized under the Teachers Service Commission Code of Regulations.
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The Commission cited judicial authority in DK Njagi Marete v Teachers Service Commission & 118 where the court held that retirement in the public interest must be based on objective and demonstrable grounds and decisions must be supported by justification.
CAJ found that retirement on public interest or medical grounds is only lawful if there is objective evidence that the teacher’s capacity to perform duties was impaired as confirmed by a medical report issued by a Medical Board appointed by the Director of Medical Services.
CAJ also cited the Supreme Court decision in Gichuru v Package Insurance Brokers Ltd (Petition 34 of 2019) KESC 12 (KLR) which held that employers must show that valid medical assessments were conducted to confirm incapacity to work.
Further the Commission found that TSC failed to comply with the due process requirements under the Employment Act (Cap 226). Specifically Section 41(1) of the Act requires an employer to explain the reasons for contemplated termination and to give the employee an opportunity to be heard – a process that was not followed in MJG’s case.
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Based on these findings the Commission on Administrative Justice ordered the Teachers Service Commission to pay the affected teacher in full by remitting all monies owed from the date of her removal from the payroll to her rightful retirement date.
TSC Ordered to Pay Teacher for Wrongful Retirement.
