Otieno v Teachers Service Commission (Employment and Labour Relations Cause E020 of 2022) [2024] KEELRC 1630 (KLR) (24 June 2024) (Judgment)

Summary at a glance

Facts

Claimant was terminated from employment by Respondent on grounds of negligence and insubordination. Claimant was found innocent in a criminal case and reinstated to the Register of teachers.

Issues

• Whether there were valid reasons to warrant the Claimant’s termination.
• Whether the Claimant was subjected to due process before termination.
• Whether the counterclaim is proved.
• Whether the Claimant is entitled to remedies sought.

Reasoning

The court found valid reasons for termination and upheld the disciplinary process. The counterclaim was not proved, and the Claimant is not entitled to reinstatement or pension benefits.

Outcome

Claimant's termination upheld, pension benefits forfeited.

Orders

• Claimant's pension benefits forfeited.
• Claimant is bound by all laws including the law seeking for forfeiture of pension on dismissal.

Authorities cited