The Employment and Labour Relations Court has awarded a former high school principal Ksh1.9 million after a ruling that her dismissal made by the Teachers Service Commission, (TSC) weeks before retirement was unlawful.
The ruling made by Justice Hellen Wasilwa, stated that the TSC had failed to prove its case and that due process was not followed in dismissing the principal.
“It is the finding of this court that the claimant, having been subjected to a wrongly constituted disciplinary panel, the proceedings therein is voids ab initio and therefore her termination null and void,” the judge held.
It also criticized the imposition of a Ksh1.57 million surcharge on Muthoni in her dismissal letter, noting that the charge was never presented during her disciplinary hearing.
“The surcharge was irregular and null and void as it was not a charge presented to her during the disciplinary hearing,” Justice Wasilwa ruled.
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After reviewing the case, the court ruled that the termination was unlawful, further indicating that retirement rights are sacred.
“Pension already earned is a right and cannot be taken away from an employee for whatever reason,” ruled Justice Hellen Wasilwa.
The court declared that Muthoni was entitled to her full pension and terminal dues despite the commission’s attempt to dismiss her before she retired.
Consequently, awarding Muthoni a total of Ksh1,881,906, subject to statutory deductions, broken down as follows: Accumulated Salaries: Ksh736,398, covering the period between her interdiction and dismissal, Unpaid Salary: Ksh163,644 for May and June 2021, and compensation for Unlawful Termination: Ksh981,864, equivalent to six months’ salary.
Sarah Muraa Muthoni was dismissed by TSC on May 18, 2021, only 27 days before her retirement date, after serving as a teacher for 35 years.
However, the Court found that the termination was unfair and ordered the commission to pay her accumulated salaries, compensation, and all pension dues after finding that the commission failed to produce sufficient evidence to justify dismissal.
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The court declared that Muthoni was entitled to her full pension and terminal dues despite the commission’s attempt to dismiss her before she retired.
In addition to the monetary award, the court granted further remedies, including full payment of pension and terminal dues, a declaration concerning unremitted pension contributions during interdiction.
Also, the court granted her costs of the suit plus interest at court rates from the date of judgment.
The TSC had accused Muthoni of financial misconduct, including charging unauthorized levies for a school bus project and awarding tenders to her own company, Kawisa Suppliers.
Although the Muthoni admitted registering Kawisa Suppliers, she argued that the company had been transferred to another party.
By Juma Ndigo
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