Teacher Fired By TSC Over University Fee Arrears

Teacher Fired By TSC Over University Fee Arrears

Last Updated at: 2020-10-25 21:24:00

Joseph Mutimba was fired by The Teachers Service Commission (TSC) over a degree dispute originating from university fee arrears. The secondary school teacher had purportedly obtained his degree certificate from Masinde Muliro University (MMUST) without clearing his fees amounting to Sh198,800.

MMUST later questioned how the teacher obtained a certificate while still having payment arrears cancelling his Bachelor of Education (Arts) degree and shortly after, TSC suspended him.

Mitumba filed a lawsuit against MMUST for infringing his rights under Article 28 of the Constitution which states that “Every person has inherent dignity and the right to have that dignity respected and protected.”

High Court Judge William Musyoka consented to his demands but refused to award him damages on the basis that he had missed explaining how the degree certificate got into his possession.

“The petitioner has not come clean on how he gained possession of the certificate after it disappeared from the custody of the respondent (MMUST),” the judge explained in his decision delivered last week on October 16th.

Justice Musyoka appended that it was improper for the Kakamega based university to reach the TSC asserting that the professional certificate he had used to seek employment was fake, yet the teacher had passed all his exams and successfully graduated.

The university pronounced in court that his name was mistakenly inserted in the graduation roster although he had not completed paying school expenses.

Mutimba who graduated on 6th of December 2013, revealed to the court that he got hired by TSC in 2016 but the situation slipped when he got a note from the university in May 2019 recalling his degree certificate.

Upon interrogation from TSC, he was acquainted that his payroll had been suspended following a report from the university over his fee arrears. Mutimba was amongst a group of fee defaulters whose names were published by MUST, attesting that their degree certificates had been revoked.

GETTING A NEW CERTIFICATE IS THE ONLY SOLUTION

The court noted that TSC made it apparent that republication of the same certificate with a new serial number would not resolve the matter since Mutimba was initially hired based on the old certificate.

The court directed that for Mutimba to get reinstated by TSC, he ought to get a fresh degree certificate with a new serial number.

Mutimba’s legal battle with the university resulted from the institution revoking his degree and declining to reinstate it.

After filing a lawsuit at the Employment and Labour Relations Court TSC was blocked from withholding his salary after the court found out that Mutimba had satisfied all academic qualifications and had graduated.

However, the court declined to grant orders asked in the case due to the fee arrears claim. The university had originally submitted to republish the old certificate but TSC rejected. The teacher then applied to the High Court, challenging MMUST’s decision to reprint.

In its reply, the university alleged that Mutimba had difficulty clearing fees, and regularly sought late registration of examinations. The teacher’s name was included in the graduation program but the university reserved his degree certificate till fee arrears were settled.

Back in June 2015, MMUST reported to the police that Mutimba’s degree certificate had been stolen prompting the university to revoke his documents. It is alleged that Mutimba got employed by TSC through a stolen degree certificate.

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All Comments (13)


LOGIN TO POST A COMMENT

Hery Nov 24, 2020 | 17:10:19

How I wish all counties could do the same. Covid-19 is real and schools are affected

Reply

Michael Nov 12, 2020 | 13:15:27

Tsc is lying about promotion of teachers yet some have stayed for over ten years without promotion. Parliamentary committee on education look into this problem.

Reply

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 (3)

 Nov 3, 2020 | 15:40:38

If Kolanya is just few population at shool,what about the all shool.do we mean that all population will be affected. If it so shool remain close.education must take when environment allows.

 Nov 3, 2020 | 15:40:38

If Kolanya is just few population at shool,what about the all shool.do we mean that all population will be affected. If it so shool remain close.education must take when environment allows.

 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