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TEACHERS SERVICE COMMISSION V. JOSEPH WAMBUGU NDERITU

(2016) JELR 96076 (CA)

Court of Appeal  •  Civil Appeal 53 of 2014  •  6 Apr 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This is a first appeal arising from the judgment of Abuodha, J. delivered at Nyeri on the 16th day of May, 2014.

The background to this appeal is that the respondent JOSEPH WAMBUGU NDERITU, a teacher by profession was absorbed into the appellant’s employment as a P1 teacher in the year 1992. His first posting was within Narok District where he was deployed at various primary schools before being transferred to Laikipia District (as it was then called) in the same capacity. His last tour station in Laikipia District was[particulars withheld] Primary school, where A N M (A) was one of his pupils then in class eight (8) in the year 2010. A made allegations against the respondent that he had carnal knowledge of her on the 3rd day of July, 2010 in the staff room as a result of which she conceived.

It was not until the month of November of the same year 2010 that she divulged the fact of her being pregnant to her mother C N M (C). On receipt of this information, C reporte…

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