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Omariba Elijah Kemonde v. Secretary, Teachers Service Commission

(2019) JELR 93051 (CA)

Court of Appeal  •  Civil Application 114 of 2017  •  11 Oct 2019  •  Kenya

Coram
Martha Karambu Koome, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

Mr. Omariba Elijah Kemonde (the applicant), was a teacher employed by the Teachers Service Commission (TSC) (the respondent) on contractual basis at the Sheikh Ali High School in Mandera County from 27th September, 2010. In October 2011, the government, through TSC, commenced a process to convert the terms of the teachers employed under contract to permanent and pensionable terms. In order to qualify for the new terms, the teachers were required to meet a certain threshold regarding their academic and professional qualifications. Unfortunately, the applicant failed to meet the requirements and his services were terminated with effect from 1st February 2012.

The applicant undertook a bridging course to fulfil the missing requirements in the hope of getting his job back. Fortunately for him, he was reinstated and re- deployed to Sheikh Ali High School. Needless to say, through a series of unfortunate circumstances, the applicant found himself, once again, without emplo…

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