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Sister Sarah Adipo v. Teachers Service Commission

(2019) JELR 96752 (CA)

Court of Appeal  •  Civil Application 31 of 2019  •  19 Jun 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

1. This is an application for injunction pending the hearing and determination of an intended appeal.

2. On 17th October 2016, the applicant lodged a memorandum of claim against the respondent before the Employment and Labour Relations Court “ELRC” seeking a permanent injunction restraining the respondent from suspending and interdicting her.

3. At all material times, the applicant was employed by the respondent as a teacher and was deployed and posted as the Principal to Ahero Girls Secondary School. By letter dated 6th October 2016, the respondent served the applicant with a letter of interdiction citing several grounds to wit insubordination, infamous conduct and forgery/corrupt deals.

4. In her memorandum of claim, the applicant asserted that the decision to interdict her was made unilaterally and unprocedurally and that no notice to show cause why she should not be interdicted was served upon her. It was alleged that she was condemned unheard and the decision to i…

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