Njoroge v Teachers Service Commission & another; Mwangi & another (Interested Parties) (Civil Appeal 323 & 331 of 2019 (Consolidated)) [2024] KECA 1363 (KLR)
The bottom line
#Kenya's Court of Appeal voided a teacher's TSC disciplinary process for procedural breaches, but scrapped the Kshs.1.6 million general damages award.
What this practically means
#Executive summary
#Key legal issues
#Fairness and legality of the disciplinary process against the teacher
The investigations, interdiction and suspension breached the TSC Code of Regulations and denied the appellant a fair hearing; they were a nullity.
The appellant was not served with the anonymous letters or leaflets initiating the complaint as required under Regulation 146(6) of the CORT; he was given only about 20 minutes to appear before the investigating team instead of the at least seven days allowed under Regulation 146(6)(c); the notice for the disciplinary hearing gave him about 15 days instead of the at least one month required; the Board of Management was not involved as required under Regulation 146(3)(a); and an investigator sat on both the initial investigation and the County Discipline Committee contrary to Regulation 146(12).
Consequences of a null disciplinary process on the punishment imposed
If the interdiction and suspension were a nullity, the sentence imposed under them was equally a nullity, and the trial judge erred in upholding it.
Having found the process flawed and illegal, the learned Judge nonetheless stated that the punishment meted out was in terms of the law and CORT. The Court of Appeal held that a punishment flowing from a null process cannot stand; the appellant was therefore entitled to his salary, allowances and dues as principal up to the time he completed the suspension and received redeployment as a teacher.
Whether general damages were properly awarded for breach of the employment contract
The award of general damages of Kshs.1,600,080.00 was made in error and was set aside.
The Court agreed with the 1st respondent's submission, supported by Kenya Tourist Development Corporation v Sundowner Lodge Limited, that general damages are not recoverable in cases of alleged breach of contract. Damages arising from breach of contract are usually quantifiable, and an award of general damages would amount to duplication. However, the Court found that reinstatement/payroll issues had been pleaded and were supported by evidence, so the rest of the award remained undisturbed.
Legal principles established
#- Where a disciplinary process contravenes the statutory provisions governing it, the resulting decision is a nullity and the court must intervene.
- General damages are not recoverable in suits founded on breach of an employment contract.
- On a first appeal, the appellate court must reconsider and evaluate all the evidence tendered before the trial court and draw its own conclusions, while bearing in mind the trial court's advantage of seeing and hearing the witnesses.
Court orders
#- 1.The appeal by Samwel Maina Njoroge allowed in part: the finding of the trial court that the sentence meted out was in terms of the law and CORT is set aside, the interdiction and suspension having been held a nullity.
- 2.The award of general damages of Kshs.1,600,080.00 set aside.
- 3.The rest of the trial court's award remains undisturbed, including reinstatement to payroll/arrears entitlements as varied by the court's findings on salary, allowances and dues.
- 4.Each party to bear its own costs of the appeal.
- On appeal from
- Employment and Labour Relations Court of Kenya at Nyeri
- Jurisdiction invoked
- First appeal to the Court of Appeal under the Court of Appeal's appellate jurisdiction (the judgment describes the matter as 'a first appeal'); no specific constitutional or statutory article is quoted.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoroge v Teachers Service Commission & another; Mwangi & another (Interested Parties) (Civil Appeal 323 & 331 of 2019 (Consolidated)) [2024] KECA 1363 (KLR)", Case Analysis (2024). Civil Appeal No. Nyeri 323 of 2019 (consolidated with Civil Appeal No. Nyeri 331 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1363/eng@2024-10-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.