Kemei & 2 others v Teachers Service Commission (Judicial Review Application E001 of 2026) [2026] KEELRC 428 (KLR) (20 February 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 428
- Citation
- [2026] KEELRC 428 (KLR)
- Decided
- 20 February 2026
Interim ex parte orders cannot be granted as disciplinary and criminal proceedings are different processes. The Court needs to serve pleadings and hold a hearing with participation of all parties.
Facts
The Petitioners are Teachers employed by the Respondent Teachers Service Commission. They have been charged with obtaining money by false pretenses and acquisition of proceeds of crime at Bomet Chief Magistrate's Court. They are facing criminal proceedings and have been summoned to appear before an investigations panel for disciplinary action.
Issues
- Double jeopardy
- Irreparable damages
- Violation of constitutional right to fair hearing and administrative action
Reasoning
The Court finds that disciplinary and criminal proceedings are distinct and that the Teachers Service Commission Act and its regulations do not allow interim ex parte orders.
Outcome
Application dismissed. The application and pleadings shall be served upon the Respondent. The Respondent shall file and serve its response to the notice of motion within 14 days of service. Mention on 17th March 2026.
Orders
- Serve the application and pleadings upon the Respondent
- Respondent to file and serve its response to the notice of motion within 14 days of service
- Mention on 17th March 2026
Authorities cited
Legislation (2)
- Teachers Service Commission Act
- Regulation 139 of The Teachers Service Commission Code of Regulations For Teachers, 2015
Loading judgment…