Wangui v Teachers Service Commission & 3 others (Judicial Review E004 of 2023) [2023] KEELRC 2029 (KLR) (18 August 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2029
- Citation
- [2023] KEELRC 2029 (KLR)
- Decided
- 18 August 2023
The court found that the petitioner failed to demonstrate his contention of not being accorded a fair hearing as enshrined under article 50(9) of the Constitution. The respondents have given a detailed chronology process of the disciplinary process meted on the petitioner, and the court found that the investigations and subsequent hearings were done in accordance with the Teachers Service Commission Code of Regulations for Teachers, 2015.
Facts
Timothy Ndirangu Wangui, a former teacher at Kiamuturi Secondary School, was dismissed on August 25, 2022, after allegations of sexual misconduct and inappropriate behavior were made against him. He filed a petition alleging violations of his constitutional rights and seeking a fair hearing.
Issues
- Whether the petitioner's constitutional rights were violated by the respondents.
- Whether the Teachers Service Commission acted ultra vires and the decision to dismiss was based on an illegality.
- Whether the petitioner is entitled to the reliefs sought.
Reasoning
The court held that the petitioner's petition was not a constitutional petition as he did not demonstrate how his rights were violated. The court also found that the respondents acted within their legal authority and that the disciplinary process was conducted in accordance with the Teachers Service Commission Code of Regulations.
Outcome
The court dismissed the petition.
Orders
- Judgment delivered virtually due to COVID-19 pandemic restrictions.
- Judgment will be delivered through video conferencing or via email.
Authorities cited
Legislation (2)
- Teachers Service Commission Act, 2012
- Teachers Service Commission Code of Regulations for Teachers, 2015
Cases cited (2)
- Anarita Karimi Njeru v Republic [1976- 80] 1 KLR 1272
- Trusted Society of Human Rights Alliance v Attorney General and others petition No 229 of 2012
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