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ELRCDismissedNotice of Motion dated 2nd August 2018 arising from Petition dated 14th March 2018· [2019] KEELRC 1565 (KLR)

Peter Ndegwa Muturi v Teachers Service Commission [2019] KEELRC 1565 (KLR)

Employment and Labour Relations Court
20 May 2019
MOMAUREEN ONYANGO
1,930 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court refused to halt a TSC disciplinary case against a teacher, ruling courts rarely interfere with employer disciplinary processes unless exceptional irregularities exist.

What this practically means

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Executive summary

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Peter Ndegwa Muturi, a teacher suspended and later interdicted by the Teachers Service Commission, filed a Petition in March 2018 challenging the suspension and interdiction. While that Petition was pending, the Commission initiated disciplinary proceedings against him in Disc. Case No. 0166/12/2017/2018/11. By Notice of Motion dated 2nd August 2018, the applicant sought orders staying those disciplinary proceedings pending determination of the Petition, contending that the fresh proceedings were malicious, duplicative and designed to patch up the Respondent's case, and that he risked prejudice and having his Petition overtaken by events. The Commission, through a Replying Affidavit of Loise Nyaseda, opposed the application, asserting its constitutional and statutory mandate under Article 237(1) to discipline teachers, arguing that the disciplinary case was distinct from the Petition, that the applicant had been given opportunities to be heard, and that the application was frivolous and aimed at delaying its disciplinary process. After considering submissions in which the applicant relied on Victoria Ipomai and Aviation and Allied Workers Union, and the Respondent relied on Alfred Nyungu Kimungui and the same two authorities, the court framed a single issue: whether the application was merited, which turned on whether the court should intervene in a pending employer disciplinary process. Relying on Rebecca Ann Maina and the South African decision in Booysen, the court held that judicial intervention to halt disciplinary action is reserved for exceptional circumstances, that none had been shown, and that the Commission had complied with its regulatory framework. The application was dismissed with costs in the cause.

Key legal issues

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Whether the Court should stay pending employer disciplinary proceedings

Holding

The application was dismissed; courts should not interfere with disciplinary processes duly constituted under the employer's regulations absent exceptional circumstances

Reasoning

The court found that the Respondent had complied with its Code of Regulations, the TSC Act and the Teachers' Code of Conduct in instituting the disciplinary process. Relying on Rebecca Ann Maina and Booysen, the court held that judicial intervention to interdict disciplinary action is warranted only in exceptional circumstances, none of which the Petitioner demonstrated. The disciplinary case was distinct from the Petition, and stopping it would amount to directing the employer in managing its employees.

p. 4

Legal principles established

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  • Courts should not intervene to stop a disciplinary process unless marred by irregularities or exceptional circumstances exist

Court orders

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  1. 1.The Application dated 2nd August 2018 is dismissed
  2. 2.Costs of the Application shall be in the cause

Authorities

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Legislation

  • Civil Procedure ActSections 6, 1A, 1B, 3A
  • Constitution of Kenya, 2010Article 159
  • Constitution of Kenya, 2010Article 237(1)
  • Constitution of Kenya, 2010Article 50
  • Teachers Service Commission Act
  • Code of Regulations for Teachers (CORT)Regulations 146 and 147

Cases cited (5)

  • Victoria Ipomai v Sanlam Kenya PLC
    (2018) eKLR
  • Aviation and Allied Workers Union v Kenya Airways Limited
    (2013) eKLR
  • Alfred Nyungu Kimungui v Bomas of Kenya
    (2013) eKLR
  • Rebecca Ann Maina & 2 Ors v Jomo Kenyatta University of Agriculture and Technology
    (2014) eKLR
  • Booysen v The Minister of Safety and Security and OR
    (2011) 1 BLLR 83 (LAC)
Jurisdiction invoked
Sections 6, 1A, 1B and 3A of the Civil Procedure Act, Article 159 of the Constitution of Kenya, 2010 and the inherent jurisdiction of the Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Peter Ndegwa Muturi v Teachers Service Commission [2019] KEELRC 1565 (KLR)", Case Analysis (2019). Notice of Motion dated 2nd August 2018 arising from Petition dated 14th March 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1565/eng@2019-05-20

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