A former teacher who was dismissed two decades ago has taken the Teachers Service Commission (TSC) to court, demanding a public apology and the expunging of what he terms as defamatory and unfair administrative records against him.
Hilali Jindwa, who served with the commission until 2005, claims his career and reputation were ruined by allegations that he had impregnated a minor under his care. He insists that the accusations were never subjected to a proper inquiry and that TSC violated his right to a fair hearing.
In a petition filed at the High Court in Mombasa, Jindwa argues that the commission’s actions, or lack of them, subjected him to humiliation, mental anguish, and professional injury. He wants the court to declare TSC’s conduct unconstitutional, unlawful, and procedurally unfair.
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“The petitioner was condemned unheard. No inquiry was conducted, no disciplinary process was initiated, yet his professional standing was undermined by TSC’s passive acceptance of malicious allegations,” reads part of his petition filed through Lawrence Obonyo Legal Advocates.
Jindwa accuses TSC of failing to uphold constitutional obligations of fairness and accountability, thereby emboldening defamatory claims and stripping him of dignity and livelihood. He further notes that the allegations arose from a family dispute and that a Kaloleni court in 2007 dismissed the claims after the minor involved confirmed he was not responsible for the pregnancy.
Despite this, Jindwa maintains, TSC neither offered him a chance to defend himself nor cleared his name, leaving damaging records that have lingered for 20 years. He now wants the court to nullify any disciplinary action linked to the accusations and compel TSC to restore his reputation.
He contends that TSC’s silence and failure to act lawfully fosters a culture of impunity in public institutions and sets a dangerous precedent where reputations and livelihoods are destroyed without due process.
By Mercy Kokwon
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