Justice Hellen Wasilwa
The court has reinstated a female teacher dismissed by the TSC over framed sexual misconduct by her students two years ago. Justice Hellen Wasilwa ordered the Teachers Service Commission to rehire Hellen Khamali and pay her full dues from when she was dismissed last year.
Khamali, who taught English at Kabuyefwe Friends Boys Secondary in Trans Nzoia, was interdicted for immoral behaviour after three learners alleged she had sexual relations with them.
However, Wasilwa in her judgment noted that Khamali was dismissed without any evidence. The action was unfair and unlawful and violated her rights under the Constitution.
Ruled the Judge: “I note that the petitioner is a young lady, a mother and wife whose career as a teacher was cut short by the illegality of TSC. The chances of her getting another job will be an uphill task unless she is reinstated”.
The court also ruled that even though she was given the opportunity to be heard, the process was to be efficient and lawful.
Held thhearings
“In the case TSC returned an invalid finding of their hearing process of guilt when, in fact, there was no evidence to support the finding”.
She said Article 41 of the Constitution provides that every person has a right to fair labour practices, that a person shall not be dismissed from employment without valid reasons.
Said the Court: “It is not clear why TSC proceeded to find her guilty without any evidence because the allegations against her were never produced during the initial investigations hearings”.
The court also noted that Khamali had denied ever talking to the students during the holiday and asked the TSC to produce call logs to prove this, which they didn’t.
Noted the Court: “There was also an allegation that she sent the student in question text messages for him to meet her during the holiday. No such messages were produced in court”.
According to court, during the initial disciplinary hearing, the students who allegedly had sexual relationships with Khamali never gave any evidence.
The student who had alleged that she infected him with an STD recanted his statements and even praised her for being a good teacher.
The Form 4 student claimed that he was forced to write the initial statement implicating the teacher by the principal who wanted to settle scores with Khamali.
