Court Orders Rehiring Of Teacher Fired For Sex Misconduct Allegations By TSC

Court Orders Rehiring Of Teacher Fired For Sex Misconduct Allegations By TSC

Last Updated at: 2020-09-23 08:51:30

    A female teacher implicated for sexual misconduct by her secondary students in 2018 and expelled by the Teachers Service Commission (TSC) has been reinstated.

    A Court chaired by Justice Hellen Wasilwa gave an order to the Teachers Service Commission that Hellen Khamali be rehired immediately. TSC was also ordered to pay teacher Hellen Khamali her full dues from when she was expelled from duty in 2019. 

    Mrs Kamali, a former English/literature teacher at Kabuyefwe Friends Boys Secondary School in Trans Nzoia County, was last year interdicted by TSC for unethical behaviour after 3 of her learners alleged that she had sexual connections with them.

    Still, Justice Hellen Wasilwa in her verdict remarked that Khamali was expelled without any proof. The action was unfair, unnecessary, and illegal and infringed her rights under the Kenyan Constitution.

    “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 judge ruled.

    The court also judged that even though the teacher was given a chance to be listened to, the procedure taken by her boss was to be efficient and within the law.

    Judge Wasilwa noted that in the lawsuit, the Teachers Service Commission returned an invalid result of their hearing process of guilt when, indeed, there was no tangible evidence to substantiate the decision.

    The judge noted Article 41 of the Kenyan Constitution gives every individual a right to fair labour practices, and by no means shall an accused person be dismissed from employment without factual justifications.

    "It is not clear why the Teachers Service Commission proceeded to find her guilty without any evidence because the allegations against her were never produced during the initial investigations hearings," Justice Wasilwa read.

    The court also pointed out that Mrs Khamali had denied ever conversing to the secondary school students during the holiday and invited the TSC to produce call-logs to prove their accusation, but they failed. 

    In another allegation it was claimed that she had sent the student in question text messages during the holiday, asking him to meet her. 

    Justice Wasilwa noted that no such messages were produced in court, and even at the initial disciplinary hearing, the student who claimed to be having a sexual affair with Khamali could not give evidence at all.

    The student who had claimed that he was infected with an STD by Kamali cancelled his statements and even severally praised her for being a very good teacher.

    The Form 4 candidate contended that he was forced to compose the preliminary statement implicating the innocent teacher by the school principal who wanted to disentangle scores with the female teacher, Khamali.

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All Comments (11)


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Madina Oct 22, 2020 | 16:01:01

Kama shule haina darasa la wanafunzi watahiniwa,na walimu wote wako shuleni,hamhisi Kuwa ni seals gumu Kuwa idle tafadhali

Reply

Mercy Karanja Oct 7, 2020 | 17:38:29

Amazing, thanks Teachers Updates for understanding what we really want. I have found the merit list for Mombasa County and I am confident I will win that position. Lets meet on ground fam 🙏

Reply[SHOW] Replies (1)

 Oct 21, 2020 | 15:29:49

Ok

Hendrick Oct 5, 2020 | 08:49:34

Is there a county called Bungoma in this country??Why ist not reflecting there please.

Reply[SHOW] Replies (2)

 Oct 17, 2020 | 06:27:53

Yes l come from Bungoma County, located in western region. Is among luhya based county, neighborhood to Trans Nzoia county,Kakamega county Vihiga county and Busia

 Oct 5, 2020 | 16:10:54

Yes we have Bungoma cou2

BARRAK WERE Sep 17, 2020 | 13:40:54

That number nine i think is fake, and why do they want all these documents and yet we scanned and send to them, it is just a formality which disadvantages other, most of the doctors are on strike, who will fill that form, why not private hospitals? Even the public hospital doctors do not examin, they just fill the form, what they yearn for is just money.

Reply

jay Sep 14, 2020 | 12:06:01

Fake announcement NO money was released to pay BOM teacher #PAYBOMSALARY

Reply[SHOW] Replies (2)

 Oct 12, 2020 | 10:02:34

I work under BOM and I was paid, consult with your principal.

 Sep 19, 2020 | 06:15:37

They should be employed instead

Ro Officio Sep 12, 2020 | 08:56:03

Wat happened to FAKE case Zack kìnùthia. FAKE is his word as he is #Paybomteachers #bomteachersdemonstrations

Reply

Ro Officio Sep 12, 2020 | 08:56:02

Wat happened to FAKE case Zack kìnùthia. FAKE is his word as he is #Paybomteachers #bomteachersdemonstrations

Reply[SHOW] Replies (2)

 Oct 1, 2020 | 16:40:43

uygyufyfyug

 Sep 25, 2020 | 13:56:51

We aint

Ro Officio Sep 12, 2020 | 08:55:33

Wat happened to FAKE case Zack kìnùthia. FAKE is his word as he is #Paybomteachers #bomteachersdemonstrations

Reply[SHOW] Replies (2)

 Oct 9, 2020 | 09:47:00

The money honestly speaking was paid.I am a bom teacher and I received the boom

 Sep 20, 2020 | 10:40:51

Hapo sisemi kitu🙄

Weta Makio Sep 9, 2020 | 05:28:50

They should open schools.. Enough looting has been done in the two ministries to benefit a few individuals... They should not kill the education of the common child when their kids are learning online

Reply[SHOW] Replies (1)

 Sep 15, 2020 | 04:38:23

Just help us to learn online

Erick Sep 6, 2020 | 11:05:03

#paybomsalary

Reply[SHOW] Replies (4)

 Sep 8, 2020 | 11:06:34

Hoping that this has reached the destination.bom teachers are depressed.

 Sep 6, 2020 | 16:11:22

Where do BOG trainers in tvet institutions fall here, are they included too?

 Sep 6, 2020 | 14:22:31

Coushion Tvet Bom teachers too life is getting hard n hard every day

 Sep 6, 2020 | 11:52:43

MOE CS should resign with his advisors

Evangeline Ngoci Sep 5, 2020 | 13:57:57

Yes , as a tvet bom teacher am almost giving up in life, please Prof. Magoha help us

Reply[SHOW] Replies (2)

 Sep 10, 2020 | 13:21:56

What is up to date?

 Sep 10, 2020 | 08:21:07

What you told as date of reopen school