By Peter Otuoro
Teachers Service Commission (TSC) Legal Department Officials have revealed that the teacher employer has been losing court cases due to lack of enough evidence.
According to one official from the legal team Ms. Mary Njau, all TSC Officers should ensure they have adequate valid evidence before they handle any case against any teachers.
Ms. Njau warned Sub County directors not to be in a hurry to dismiss any teacher from his or her duty without a valid reason, and that they should instead conduct thorough investigations concerning any case before reaching a decision as that’s what’s fair to both the commission and accused teachers.
“Ensure you treat teachers fairly. In case of any disciplinary matter, do thorough investigation, collect enough evidence, give the accused teachers enough time to defend himself or herself before taking any action,” said Ms. Njau.
She also encouraged all disciplinary panels that investigate a serious immoral case against any teacher to ensure out of three panelists, one should be of the opposite gender for the case to be investigated fairly.
She also told all panelists investigating any disciplinary case against any teacher to know that the concerned teacher is innocent until proven guilty by the court of laws.
The Commission Head of Legal Affairs, Calvin Anyuor disclosed that TSC’s litigation success was very impressive and they intended to push towards perfection.
“Though in many instances our officers do a good job and our litigation success is way above 80%, we want to capacity build them to perfection. This is our vision,” he said.
Meanwhile, TSC has accused secondary schools Boards of Management of defending teachers who defile school girls.
TSC Field Service Directorate Official Cecilia Musyoki said most teachers who defile school girls are defended by their respective school BoMs so that they aren’t prosecuted by the court of law.
Speaking during a five- day TSC Sub county Directors workshop held at ARC Hall in Egerton University, Musyoki expressed concern that most BoM members collude with the parents and guardians of the minor to settle the cases out of courts hence deny the minor a right to get justice.
“TSC will use various state departments to ensure any BoM member defending a teacher who has defiled a school girl is arrested and prosecuted in the courts of law,” she warned the BoMS.
Musyoki said Kenyan school girls should be given a conducive environment to learn and that TSC cannot tolerate teachers who involve in such bad immoral behaviours.
“As TSC, we cannot allow any of the teachers, in both secondary and primary schools, to be involved in immoral behavior,” said Musyoki.
She advised all teachers to work and treat all learners professionally as prescribed by the teachers’ code of ethics.
