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ELRCDismissedNot stated in the judgment· [2016] KEELRC 454 (KLR)

Rose W. Kiragu v Teachers Service Commission [2016] KEELRC 454 (KLR)

Employment and Labour Relations Court
6 October 2016
HWHellen Wasilwa
2,420 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to stop a teacher's disciplinary hearing, ruling she must first complete the employer's internal process before seeking court intervention.

What this practically means

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Executive summary

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The Claimant, Rose W. Kiragu, Principal of Kerugoya Girls High School, brought a Notice of Motion dated 10th August 2016 against the Teachers Service Commission seeking temporary injunctions and/or stay restraining the Respondent from taking further disciplinary action against her based on a parents' complaint letter dated 27th May 2016, a declaration that the disciplinary proceedings violated Article 47 of the Constitution and the rules of natural justice, and an order of certiorari to quash the complaint and ensuing proceedings. She alleged she was not served with the complaint, that the panelists lacked independence having been involved in framing the complaint, that she was denied an opportunity to peruse the complaint or record the proceedings, and that she was ambushed. The Respondent opposed through grounds of opposition, contending the application was premature and misconceived, and that the show cause letter followed its dissatisfaction with her response. The Court, per Wasilwa J, held that courts should not interfere with an employer's right to internally discipline an employee unless the process is lawfully and outrightly flawed, and then only to correct procedural mechanisms. The Court found the Claimant had been informed of the complaints, having replied to letters of 6.6.2016 and 17.6.2016 by her letter of 10.6.2016, and that she had not identified any flouted disciplinary procedure. The application was dismissed as premature, with costs in the cause.

Key legal issues

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01

Whether the Court should interfere with the ongoing internal disciplinary process

Holding

The Court declined to interfere, holding the application premature and the orders sought final in nature.

Reasoning

The Court reiterated that courts should not interfere with an employer's right to internally discipline an employee unless the process is lawfully and outrightly flawed, and even then only to correct wrong procedural internal mechanisms. The Claimant did not point out any specific disciplinary procedure that had been flouted, and although she may have been denied other documents, she did not list them. The interim orders sought were final and could only be determined after a full hearing.

p. 5
02

Whether the Claimant was denied the allegations against her contrary to natural justice

Holding

The Court found the Claimant was informed of the complaints and had replied to them, so her averment that she was not informed was untrue.

Reasoning

Although the complaint letter of 27th May 2016 was allegedly withheld, the Court noted a letter dated 27.7.2016 detailing the allegations, following letters of 17.6.2016 and 6.6.2016 summoning her to the County Disciplinary Committee. The Claimant had replied to these complaints in her letter of 10.6.2016, demonstrating she was aware of the complaints against her.

p. 5

Legal principles established

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  • Courts should not interfere with an employer's right to internally discipline an employee unless the process is lawfully and outrightly flawed, and such interference is limited to correcting wrong procedural internal mechanisms.

Court orders

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  1. 1.The application was found premature and the Court declined to interfere with the ongoing disciplinary process at that stage
  2. 2.Costs will be in the cause

Authorities

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Legislation

  • Civil Procedure Act Cap 21Sections 1A, 1B, 3 and 3A
  • Civil Procedure Rules 2010Order 1 Rule 8(d)(c)
  • Constitution of Kenya 2010Articles 43, 47, 50
  • Judicature Act Cap 9Sections 1, 2 and 3

Cases cited (3)

  • Dr. George Wekesa vs. Multimedia University of Kenya
    Case No. 1682/2016
  • Prof. Gitile Naituli vs. University Council, Multimedia University of Kenya
    Case No. 1200/12
  • Nixon Bigo vs. The Alliance for a Green Revolution in Africa
    Case No. 2244/2014
Jurisdiction invoked
Sections 1A, 1B, 3 and 3A of the Civil Procedure Act Cap 21; Order 1 Rule 8 Civil Procedure Rules 2010; Article 43 of the Constitution; Judicature Act Cap 9 Sections 1, 2 and 3; High Court Vacation Rules

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (8)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Rose W. Kiragu v Teachers Service Commission [2016] KEELRC 454 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/454/eng@2016-10-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.