- The Employment and Labour Relations Court in Machakos has dismissed Cleophas Ngeywa’s petition challenging his TSC dismissal, ruling that his constitutional rights were not violated.
- Justice Jemimah Keli has found that Ngeywa was given a fair hearing and had admitted being away from duty without permission or approved compassionate leave.
- The court has held that the dispute was an employment matter rather than a constitutional issue, dismissing the petition for lack of merit with no order on costs.
The Employment and Labour Relations Court at Machakos has dismissed a petition by a teacher who challenged his dismissal from the Teachers Service Commission (TSC), ruling that his constitutional rights were not violated during the disciplinary process.
The petition was filed by Cleophas Ngeywa, a teacher who had served under the TSC since 1995. He had sought reinstatement, payment of more than Sh1.36 million in salary, and other benefits, arguing that his dismissal was unlawful and procedurally unfair.
Ngeywa who at one time served as a principal before he was demoted to a classroom teacher, told the court that he left Nairobi in February 2020 after receiving news that his father had fallen seriously ill and had been admitted to hospital for an operation. He said he informed colleagues and the school principal and made arrangements for his classes to be covered while he attended to his father.
According to the judgment, Ngeywa returned to school in March 2020 and resumed his teaching duties, including marking students’ Continuous Assessment Test scripts and preparing students’ results before schools closed following the outbreak of COVID-19.
However, the TSC later accused him of deserting duty between February 28 and March 15, 2020. He was summoned before the school’s Board of Management in September 2020 and subsequently interdicted before appearing before a disciplinary panel.
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The teacher argued that the disciplinary process violated his right to fair administrative action and a fair hearing. Among his complaints was that he had been given only 10 days to prepare for the disciplinary hearing, despite regulations providing for one month’s notice. He also alleged that he was not properly informed of his right to be accompanied by a fellow employee or shop-floor representative.
The TSC, however, maintained that Ngeywa was allowed to defend himself, cross-examine witnesses and present evidence. The Commission said its disciplinary panel found that he had admitted being away from duty without permission and had not obtained compassionate leave as required under the teachers’ regulations.
The disciplinary panel subsequently found him guilty and recommended his dismissal. His appeal was later considered by a Review Committee on August 31, 2022, which upheld the disciplinary decision.
In her determination, Justice Jemimah Keli rejected the teacher’s argument that the disciplinary process breached his constitutional rights.
In the judgment delivered on August 20, 2026, the court found that Ngeywa had been allowed to prepare for the hearing, attend the proceedings and present his case. It also noted that he had not demonstrated that he was denied an opportunity to call or cross-examine witnesses.
The court further found that Ngeywa had admitted being away from work without permission and had failed to apply for compassionate leave. It held that there was substantial fairness in the process because the reason for termination had been established and there was evidence of a fair hearing before the dismissal.
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The court also held that the dispute was essentially an employment matter governed by the Employment Act and other relevant statutes, rather than a constitutional question requiring determination through a constitutional petition.
Justice Keli consequently dismissed the petition for lack of merit. The judge made no order on costs, noting that the TSC’s preliminary objection had also been dismissed, leaving the parties to bear their own costs. The case was marked closed.
By Obegi Malack
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