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HomeTSCTSC Ordered To Reinstate Sacked Deputy Commission Secretary Dr. Kennedy Juma Mulunda

TSC Ordered To Reinstate Sacked Deputy Commission Secretary Dr. Kennedy Juma Mulunda

TSC Ordered To Reinstate Sacked Deputy Commission Secretary Dr. Kennedy Juma Mulunda.

The Employment and Labour Relations Court has mandated that the Teachers Service Commission (TSC) reinstate its terminated deputy commission secretary.

In a decision dated November 30, Lady Justice Monica Mbaru decided that TSC fired Dr. Kennedy Juma Mulunda improperly due to charges of bribery and intimidation.

The judge ordered that Mulunda immediately resume his job without loss of income, benefits, or employment benefits.

“He was the second highest officer at TSC as the deputy commission secretary. The premature process leading to termination of his employment placed him at a higher loss and the only remedy the court can issue is that he be immediately reinstated to his position,” ruled Justice Mbaru.

The appointment of a replacement for Mulunda will cause chaos and a power struggle within the commission.

In his petition, Mulunda claimed that his problems began in October 2021, while he was performing official duties in Geneva, Switzerland, when he received a message from TSC boss Nancy Macharia informing him that some school principals in Western and Nyanza had complained about his alleged harassment and intimidation.

In January 2022, he was handed a show-cause notice for alleged abuse of authority, influencing teacher transfers, interfering with the schools’ procurement processes, and bribery; he was fired on June 20, 2022.

TSC contended in its defense that it was within its rights to terminate Mulunda’s contract after receiving complaints from many school principals and bursars.

The commission also supported the disciplinary procedure that led to Mulunda’s dismissal, stating that he was given a fair opportunity to defend himself, but he declined.

It stated that it had already recruited another deputy commission secretary to fill his role.

Justice Mbaru, on the other hand, decided that the commission fired the worker too quickly and that there was no reason for TSC to rely on the findings of an investigating committee instead of giving Mulunda a chance to explain himself.

“Employee’s right to be heard whenever an employer is contemplating terminating his contract is a sacrosanct right. It cannot be taken away through the invocation of an investigative committee report,” ruled Mbaru.

She stated that Mulunda’s right to a hearing before termination of employment could not be evaded through the investigations committee’s findings.

According to the judge, the violation of due process led to hasty and premature conclusions against Mulunda.

“Whether the investigative committee was right or wrong, by subjecting him to the motions of the law would have given him opportunity to defend his employment. Such lapse resulted in unfair termination of his employment,” she ruled.

TSC Ordered To Reinstate Sacked Deputy Commission Secretary Dr. Kennedy Juma Mulunda.

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