TSC Seeks to Block Reinstation Order of Dr. Kennedy Mulunda as Deputy CEO
The Teachers Service Commission (TSC) has gone to the Court of Appeal to challenge the order to reinstate Dr. Kennedy Juma Mulunda as deputy chief executive.
The TSC argues that the Employment and Labour Relations Court erred in failing to find that Mulunda was given a fair hearing before he was sacked. The TSC has sued alongside its chief executive, Dr. Nancy Macharia.
In November 2022, Lady Justice Mbaru ruled that the TSC unfairly sacked Dr. Mulunda over allegations of bribery and intimidation. She ordered that Mulunda resumes his duties immediately without loss of salary, benefits, and work entitlements.
The decision was a big win for Mulunda, who had been battling the teachers’ employer since his sacking on June 20. However, another person was appointed to take up his role, which is likely to create confusion.
In his petition, Dr. Mulunda stated that his troubles started in October 2021 while on official duties in Geneva, Switzerland, when he received a message from his boss that some school heads in Western and Nyanza were complaining about his alleged harassment and intimidation.
In January 2022, Dr. Mulunda was issued with a show-cause notice over allegations of abuse of office, influencing teachers’ transfers, interference with the schools’ procurement processes, and bribery.
TSC defended the disciplinary process leading to Mulunda’s sacking, arguing that it gave him a fair chance to defend himself, but he declined.
However, Justice Mbaru ruled that the commission hastily made the decision to sack him, and that there was no justification for TSC to rely on an investigative committee report instead of giving Mulunda a chance to defend himself.
The TSC has filed an appeal against the judgment, arguing that there were reasonable reasons why Mulunda was sacked.
The TSC is aggrieved that Justice Mbaru ordered that it should reinstate Mulunda. The TSC asserts that it followed due process in the sacking of Dr. Mulunda and that the lower court erred in its judgment.
The decision of the Court of Appeal on this matter will be crucial in determining the fate of Dr. Mulunda and his position in the TSC. It remains to be seen whether the court will uphold Justice Mbaru’s ruling or overturn it in favor of the TSC.
TSC Seeks to Block Reinstation Order of Dr. Kennedy Mulunda as Deputy CEO