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ELRCPartially AllowedKericho CMELRC No. E015 of 2022 (Appeal dated 29th April 2024)· [2025] KEELRC 1875 (KLR)

Teachers Service Commission v Obi (Employment and Labour Relations Appeal E001 of 2024) [2025] KEELRC 1875 (KLR)

Employment and Labour Relations Court
27 June 2025
AMAnna Ngibuini Mwaure
2,246 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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The Employment and Labour Relations Court ruled that disciplinary meeting minutes are not falsified just because one official did not sign them, allowing the TSC appeal to proceed.

What this practically means

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Executive summary

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This is a first appeal by the Teachers Service Commission against a ruling of Hon. F.M Nyakundi, Principal Magistrate, in Kericho CMELRC No. E015 of 2022 delivered on 13th December 2023, which expunged from the record disciplinary minutes dated 9th February 2018 and a substituted witness statement. The Appellant advanced 12 grounds, contending that the magistrate wrongly found the minutes falsified merely because Dr. Lydia Nzomo, named as chairperson, did not attend or sign, that authenticity disputes should be resolved at trial by cross-examination, and that leave to substitute the witness Doris Oyoo had already been granted by Justice O. Makau on 12th July 2022. The Respondent countered that the documents were irregularly filed and potentially manipulated, relying on authorities against documents obtained in breach of court orders. Holding itself bound to re-evaluate the evidence as a first appellate court, the court found the panel properly constituted under Section 47 of the Teachers Service Commission Act and clause 151 of the Code of Regulations, since Commissioner Kinoti Imanyara signed the minutes as Chairperson; there was no evidence of forgery or falsification, and such serious allegations against public officers required fuller investigation. The court also found the trial court erred in expunging the witness statement and supplementary documents that the Respondent's application had not sought to remove, contrary to the principle that courts are bound by the pleadings. The appeal was allowed, the matter was directed to proceed before another court other than Hon. F.M. Nyakundi, parties were to take a hearing date speedily, and each party was to bear its own costs of the appeal.

Key legal issues

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01

Whether the trial magistrate erred in concluding the disciplinary minutes of 9th February 2018 were falsified

Holding

The finding of falsification was unsupported by evidence; the Teachers Service Commission Act and the TSC Code of Regulations clause 151 require only that a commissioner chair the disciplinary panel, and Commissioner Kinoti Imanyara signed the minutes as Chairperson

Reasoning

The minutes showed members present including Dr. Lydia Nzomo as chairperson, with Commissioner Kinoti Imanyara ticked and signing as Chairperson. Under Section 47 of the TSC Act and clause 151 of the Code of Regulations, the committee was well constituted. Allegations of falsification against public officers were generalised and serious and required investigation and full evidentiary testing, not summary determination at an interlocutory stage.

p. 4
02

Whether the trial court erred in expunging the substituted witness statement of Doris Oyoo and supplementary documents

Holding

The trial court erred; leave to substitute the witness had been granted by Justice O. Makau on 12th July 2022, and the Respondent's application had not sought expungement of the supplementary documents, so the court acted outside the pleadings

Reasoning

The record showed an oral application before Hon. Justice O. Makau on 12th July 2022 granting leave to substitute the witness. The Respondent's application only sought expungement of the minutes (TSC/DISC/074, appendix 6). Expunging the witness statement and second supplementary list of documents, which were not the subject of the application, amounted to an overreach beyond what was pleaded.

p. 4

Legal principles established

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  • Without evidence that minutes were forged or falsified, a court cannot conclude falsification merely because the commission chairperson did not sign; it suffices that a commissioner chaired the disciplinary hearing
  • Courts are bound by the pleadings of the parties and cannot adjudicate on claims or defences not pleaded
  • A first appellate court must re-assess, re-evaluate and re-analyse the evidence and reach its own conclusions while allowing for the absence of first-hand view of witnesses

Court orders

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  1. 1.The appeal dated 29th April 2024 is allowed
  2. 2.Case to proceed for hearing before another court other than Hon. F.M. Nyakundi
  3. 3.Parties to take a hearing date speedily
  4. 4.Each party to bear their own costs of the appeal
On appeal from
Principal Magistrate's Court (Kericho)
Kericho CMELRC No. E015 of 2022
Jurisdiction invoked
First appellate jurisdiction over the subordinate court ruling (ELRC appeal from Kericho CMELRC No. E015 of 2022)

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 Obi (Employment and Labour Relations Appeal E001 of 2024) [2025] KEELRC 1875 (KLR)", Case Analysis (2025). Kericho CMELRC No. E015 of 2022 (Appeal dated 29th April 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1875/eng@2025-06-27

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