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ELRCPartially AllowedELD ELRC E024 OF 2022· [2023] KEELRC 26 (KLR)

Teachers Service Commission v Kosgei (Appeal E024 of 2022) [2023] KEELRC 26 (KLR)

Employment and Labour Relations Court
20 January 2023
AJAbuodha Nelson Jorum
2,487 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~10 min to read original · ~4 min brief

The bottom line

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The Employment Court ruled that a teacher who presented a KNEC-disowned certificate was fairly dismissed, and his reinstatement award was overturned.

What this practically means

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Executive summary

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This is an ELRC at Eldoret judgment on a first appeal by the Teachers Service Commission against the judgment of Hon. Kutwa (SPM Iten) delivered on April 27, 2022, in which the trial court had found that the respondent's dismissal violated his right to fair labour practices and fair administrative action, and ordered reinstatement, twelve months' compensation for unfair termination and salary arrears from March 21, 2019. The respondent was dismissed on the ground that he presented an altered KCPE certificate in the name 'John K. Simatei' while he was 'Simatei K. Abraham'. KNEC, by letter dated July 26, 2018, confirmed the certificate was not genuine. The respondent explained that he registered for KCPE as John K. Simatei and changed to Abraham K. Simatei upon baptism in December 1996, and that his original certificate was defaced. On re-evaluation as a first appeal, the court noted the alleged defacement affected only the name 'Abraham', which was clearly handwritten, and found the alteration deliberate rather than accidental. It held that the appellant exercised reasonable and sufficient due diligence by authenticating the certificate with KNEC and was not obliged to visit the schools the respondent attended; once KNEC disowned the certificate, its validity ceased to exist. The court therefore found the trial magistrate erred in holding that valid reasons for dismissal were not established, set aside the impugned judgment and all consequential orders, allowed the appeal, substituted dismissal of the suit, and awarded the appellant costs of the suit and of the appeal.

Key legal issues

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01

Validity of reasons for termination where a certificate presented at employment is disowned by KNEC

Holding

The trial magistrate erred in finding the appellant had not established valid reasons for dismissal; authentication of the altered certificate with KNEC sufficed

Reasoning

The court re-evaluated the evidence as a first appeal. The alleged defacement affected only the name 'Abraham', which was clearly handwritten, indicating deliberate alteration rather than accident. The respondent did not explain how or who defaced his certificate, so responsibility could be attributed to him. Visiting former schools was unnecessary once KNEC disowned the certificate.

p. 5
02

Role of a first appellate court

Holding

The Court re-evaluates the evidence and is not bound by the findings and observations of the trial court

Reasoning

The court restated the orthodox first-appeal standard: it may reach its own conclusions after evaluating the evidence before the trial court, which permitted it to overturn the magistrate's findings on the certificate and the dismissal.

p. 4

Legal principles established

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  • KNEC is the maker and custodian of certificates it issues; once it disowns a certificate as not issued by it, the validity of that certificate ceases and action taken on its basis is affected if not void
  • An employer who authenticates a certificate with its issuer has exercised reasonable and sufficient due diligence and need not investigate what names the employee used at each institution

Court orders

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  1. 1.Appeal allowed
  2. 2.Order of the lower court entering judgment against the appellant substituted with an order dismissing the suit with costs
  3. 3.Appellant to have costs of the appeal
  4. 4.Consequential orders emanating from the impugned judgment set aside

Authorities

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Legislation

  • Constitution of KenyaArticle 41
  • Constitution of KenyaArticle 47
  • Constitution of KenyaChapter Six
  • Employment ActSections 43, 47, 49(3), 49(4)(b),(c),(d),(k), 50
  • Code of Regulations for Teachers2015
  • Employment and Labour Relations Court ActSection 12(3)(viii)

Cases cited (3)

  • KRA -V- Reuwel Waithaka Gitahi & 2 others
    Nairobi Civil Appeal 66A of 2017
  • Gladys Chelimo Bii -v- KPLC
  • Kiambaa Dairy Farmers Cooperative Society Ltd –v- Rhoda Njeri & 3 others
On appeal from
Senior Principal Magistrate's Court, Iten
not stated in judgment
Jurisdiction invoked
First appeal to the ELRC against the judgment of the Trial Court (Hon. Kutwa – SPM Iten); no specific constitutional/statutory provision for appellate jurisdiction is quoted

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, "Teachers Service Commission v Kosgei (Appeal E024 of 2022) [2023] KEELRC 26 (KLR)", Case Analysis (2023). ELD ELRC E024 OF 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/26/eng@2023-01-20

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