Maro v Teachers Service Commission & 2 others (Civil Appeal E039 of 2022) [2025] KECA 936 (KLR) (23 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 936
- Citation
- [2025] KECA 936 (KLR)
- Decided
- 23 May 2025
The appeal is dismissed as the appellant did not demonstrate how Regulation 139(3) of the TSC Code, 2015 is an affront to Articles 50 and 159 of the Constitution.
Facts
The appellant, Athman Ade Maro, was employed as a Principal of Ganda Secondary School by the Teachers Service Commission. Allegations of improper conduct with a student arose, leading to investigations and disciplinary proceedings resulting in his interdiction and dismissal.
Issues
- Whether the dismissal of the appellant was in accordance with the provisions of Regulation 139(3) of the TSC Code, 2015 and Articles 50 and 159 of the Constitution.
- Whether the appellant's right to a fair hearing was violated during the disciplinary proceedings.
Reasoning
The court held that the appellant was given an opportunity to present and defend himself before the Teachers Service Commission. The court found that the appellant did not demonstrate how Regulation 139(3) of the TSC Code, 2015 is an affront to Articles 50 and 159 of the Constitution.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed.
- The appellant shall bear the respondent’s costs of the appeal.
Authorities cited
Cases cited (3)
- R (on the application of Coke - Wallis) v Institute of Chartered Accountants of England & Wales [2011] UKSC 1
- Regulation 139(3) of the TSC Code, 2015
- Articles 50 and 159 of the Constitution
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