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ELRCDismissedNot stated in judgment· [2025] KEELRC 1126 (KLR)

Odhiambo v Teachers Service Commission (Cause E030 of 2023) [2025] KEELRC 1126 (KLR)

Employment and Labour Relations Court
9 April 2025
NMNzioke Wa Makaue
2,447 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 dismissed a headteacher's unfair termination claim, ruling teachers can face amended interdiction letters if given a fair hearing.

What this practically means

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Executive summary

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The Claimant, a former headteacher of Oruba Secondary School employed by the Respondent Teachers Service Commission, sued over his termination on 2nd October 2020 following a protracted disciplinary process. He was first interdicted on 12th July 2017, then served with a second interdiction letter on 5th September 2017 omitting some allegations, and a third letter on 9th October 2018 which raised the sum he was accused of misappropriating from about Kshs. 726,736 to over Kshs. 10.7 million. He argued that Regulation 147(5) of the Code of Regulations for Teachers permitted only one amendment to an interdiction letter, that the process was a witch-hunt, and sought a declaration that his termination was unlawful, compensation of Kshs. 1,400,400, a certificate of service, costs and interest. The Respondent maintained the dismissal was justified by gross misconduct, including failure to pay staff salaries, falsification of enrolment data, bouncing cheques and failure to remit funds, and that the amendments were permitted by Regulation 147(5). The Court held that Regulation 147(5) contains no limitation on the number of amendments, that only the quantum changed and not the charges, and that the Claimant was afforded a fair hearing compliant with section 41 of the Employment Act, Regulation 153 and Article 50 of the Constitution. Applying section 47(5) of the Employment Act, the Court found the Claimant had not proven unfairness, while the Respondent had justified the grounds for dismissal. The suit was dismissed with no order as to costs, the Judge noting the Claimant had lost his livelihood and the disciplinary process had taken over three years.

Key legal issues

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01

Whether successive amendments to the interdiction letter were lawful under Regulation 147(5) of the Code of Regulations for Teachers

Holding

The third interdiction letter was lawful; Regulation 147(5) permits amendment without limitation on frequency

Reasoning

The Court read Regulation 147(5), which reserves to the Commission the right to amend the letter of interdiction constituting the charge. It found no limitation in the Code restricting amendments to one. The Claimant had read into the provision a limitation not supported by its text. Only the quantum alleged changed, not the charges.

p. 4
02

Whether the disciplinary process and the termination were procedurally fair

Holding

The process complied with Regulation 153, section 41 of the Employment Act and Article 50 of the Constitution; the Claimant was afforded a fair hearing

Reasoning

The Claimant was given 21 days to respond, charges were laid, he was invited to a hearing with sufficient time to prepare, and he was eventually accorded a virtual hearing. He did not prove he was denied an opportunity to defend himself or to call witnesses. His only complaint was the amendment of the interdiction letter.

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Whether the dismissal was substantively justified and who bore the burden of proof

Holding

The Claimant failed to prove unfairness; the Respondent justified the grounds for dismissal through evidence of financial impropriety

Reasoning

Under section 47(5) of the Employment Act the employee must prove unfairness or wrongfulness while the employer justifies the grounds for termination. The Respondent demonstrated financial impropriety including failure to remit salaries and statutory dues, falsified enrolment data and bouncing cheques, which justified dismissal.

p. 5

Legal principles established

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  • Regulation 147(5) of the Code of Regulations for Teachers gives the Commission an unlimited right to amend the letter of interdiction constituting the charge; there is no limitation to a single amendment
  • In an unfair termination claim, the employee bears the burden of proving unfairness or wrongfulness while the employer bears the burden of justifying the grounds for termination

Court orders

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  1. 1.The suit stands dismissed with no order as to costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over unfair termination and wrongful dismissal claims (Employment Act); not expressly stated

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, "Odhiambo v Teachers Service Commission (Cause E030 of 2023) [2025] KEELRC 1126 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1126/eng@2025-04-09

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