Court Intercepts Interdiction of Moi Girls High School Deputy Principal
An order to stop the detention of Dorcas Chelang’at, the deputy principal of Moi Girls High School in Nairobi, was issued by the Employment and Labour Relations Court. Chelang’at was charged with permitting hawkers inside the school’s boundaries.
Until the court rules on the case contesting Margaret Nyaggah’s interdiction, Justice Byram Ongaya’s instructions prohibit Chelang’at from being interdicted and evicted from the staff quarters.
Until additional orders from the court, according to Ongaya, the interim ruling suspending Chelang’at’s eviction from the Staff Quarter’s House and the associated prohibition should be in effect.
The Principal detained Chelang’at on June 23, 2023, claiming that she had admitted others into the school’s grounds on March 15 to market goods. In addition, Chelang’at was charged with failing to set up a public address system for an AGM meeting on March 16, 2023, within two hours, leading to a chaotic occasion.
According to the interdiction letter, Chelang’at had shown disrespect for the Principal by failing to deliver a report on continuing investigations to the TSC Nairobi Region office on May 24, 2023, in violation of a TSC Act provision.
Chelang’at contested the Principal’s decision in court, claiming it was illegal and unconstitutional while being represented by attorney Alex Masika.
Masika said that the Teachers Service Commission (TSC) Code of Regulations for Teachers required the Principal to convene an investigative panel and produce a report before interdicting Chelang’at.
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After making fruitless attempts to have TSC remove Chelang’at from the school, Masika told Justice Ongaya that Nyaggah had detained Chelang’at.
The attorney claimed that by interdicting the deputy principal without first receiving a report from the inquiry panel, the principle and the school’s board of management went beyond their authority.
Court Intercepts Interdiction of Moi Girls High School Deputy Principal
He claimed that in accordance with Regulation 155 of the Teachers Service Commission Code of Regulations for Teachers, a warning letter should have been the proper course of action.
Chelang’at also objected to being kicked out of the residence she shared with her school on July 3, 2023, not long after being interdicted.
She claims that according to the rules, the Teacher’s living arrangements cannot be changed while under interdiction, and the entire home allowance must be paid until the matter is addressed.
Martin Munene, a lawyer for the Principal and the Board of Management, argued that Chelang’at’s action was premature and asked the judge to reverse the orders made on July 4, 2023. According to Munene, the TSC regulations link the interdiction to the eviction order.
According to the TSC attorney, suspending a deputy principal for allegedly failing to set up a public address system during an AGM within two hours is excessive.
The Court did give TSC 14 days to finish the Chelang’at disciplinary procedure, with a judgement to be delivered in court on July 27, 2023.
