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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