Teacher Sues TSC Over Show-Cause Letter
A school teacher has sued her employer for instituting disciplinary proceedings against her after she filed a police report accusing her colleague of assaulting and injuring her 13-year-old child.
Ms Carolyne Khamali Mwayuli, a teacher at St Augustine Mukumu Boys School, claims that her Class Eight son survived a senseless beating by a whisker.
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She complained to Khayega Police Station, accusing the teachers of violating her child’s rights.
Ms Mwiyuli, through Musyoka and Mogaka Advocates, accuses the school’s senior teacher Calystus Magotsi of canning her son and causing grievous harm to the child’s genitals, feet, legs, and abdomen in a suit filed at the Labour and Employment Court in Bungoma.
According to the court documents, Ms Mwayuli claims that instead of dealing with the teacher, the Teachers Service Commission (TSC) initiated disciplinary action against her.
Ms Mwiyuli says she was shocked three days after reporting the assault to receive a show-cause letter from TSC accusing her of insubordination. Caren Ondhoro, director of Kakamega East sub-county, signed the letter dated October 22.
“You witnessed as (name withheld) a class eight pupil was canned on October 19 in the head teacher’s office.”
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Ms Mwayuli claims in court papers that the show-cause letter is misconceived, misdirected, and intended to blackmail her into abandoning and forsaking her parental responsibility as outlined in the Children’s Act.
In the affidavit, she claims “TSC has exceeded its statutory powers by dragging extra-contractual matters into a parental/school contract for educational services that are otherwise mutually exclusive.
She requests that the court vacate the show-cause letter and that TSC refrain from requiring her to respond to the letter’s contents or from taking any further steps in the process initiated by the letter.
The issue will be raised again on November 29, when TSC is expected to respond to the teacher’s concerns.