TEACHERS SERVICE COMMISSION V. JOSEPH OKOTH OPIYO

JUDGMENT OF THE COURT

1. JOSEPH OKOTH OPIYO (the respondent) was at the material time a teacher employed by the Teachers Service Commission (the appellant) and posted to Obugi-Nam Primary School. On an allegation that on 25^th May, 2010 he had carnal knowledge of one of his former pupils, C A O, of Nyalunya RC Primary School, who was a standard six pupil at that school, the matter was reported to the District Education Officer (the DEO) and after investigations and a disciplinary hearing he was, on 11^th October, 2011 dismissed from service.

2. Aggrieved by that dismissal, the respondent filed a claim in the Industrial Court contending: that his dismissal was illegal as there was no sufficient evidence to prove the allegation of immoral behavior against him; that he was not accorded an opportunity to defend himself; and that there were procedural flaws in the hearing of the complaint against him. In the circumstances, he prayed for a declaration that his dismissal was unlawful and therefo…