Appeals court upholds Sossion's dismissal, notes procedural lapses

Former Kenya National Union of Teachers (Knut) Secretary General Wilson Sossion has lost an appeal against the Teachers Service Commission (TSC) seeking to remain a teacher.

Court of Appeal on Friday ruled that TSC’s decision to terminate the letter as Sossion was lawful but had procedural breaches.

Nevertheless, Justices Wanjiru Karanja, Francis Tuiyott, and Pauline Nyamweya said that he never sought compensation in his case before the Employment and Labour Relations Court (ELRC).

“ Our conclusion, therefore, is that while the respondent demonstrated good and valid reasons for the appellant’s termination of employment, gave notice of the said reasons to the appellant, granted him adequate opportunity to respond before the termination of his employment, and the termination was to this extent not unlawful; the procedural infractions. rendered the termination unfair,” the bench headed by Justice Wanjiru ruled.

In this case, Sossion complained that Nancy Macharia led the commission to issue him a letter despite knowing that he had challenged the same.

He claimed that TSC’s actions directly undermined the operations and the independence of Knut.

TSC, on the other hand, argued that Sossion had no arguable case before the court. The commission said that it had a valid reason to fire and remove him from the teachers’ register.

“The reason for termination was valid as the applicant admitted being a Member of Parliament without resigning from public service; and that due process of law encompassing procedural fairness was strictly adhered to before the termination of the applicant as the applicant (Sossion) was accorded a fair opportunity to be heard before the termination,” the commission replied.

In the Employment and Labour Relations Court,  Mr. Sossion’s contention in the case was that his nomination by the opposition party was to represent workers in Parliament, hence he ought to be retained in the teachers’ register, which subsequently meant he retained his seat.

However, the court dismissed his argument.

While dismissing Sossion’s case, Justice Nelson Abuodha declared that TSC was right to show him the door, as his interest in Parliament was that of the party and not employees, as he argued.

 Justice Abuodha held that his nomination put him in partisan political activity, which goes against his employer’s regulations.

 “The respondent (TSC) has ably demonstrated that the petitioner’s association and acceptance of nomination as a member of Parliament on the ODM party ticket went against its tenets as an institution in charge of regulation and discipline of those in teaching service,” ruled Justice Abuodha.

 He continued: “Teachers code of Conduct and Ethics (2015) requires teachers to maintain political neutrality at all times and shall not act in a manner that may compromise or be perceived to compromise their neutrality

The commission wrote to Sossion and Kenya Union of Post-Primary Education Teachers (Kuppet) Chairman Omboko Milemba last year, informing them that they are no longer teachers. Milemba is an elected MP, serving Emuhaya constituency. 

“The commission has decided to terminate your services as a teacher with effect from January 15, 2018,” Macharia wrote to Sossion.

“It has been noted that you were nominated as a Member of Parliament, yet the Commission has not received your resignation or retirement letter.”

Regulation 187 (1) and (2) of the Code of Regulations for Teachers dictates that teachers who seek elective positions and hold trade union positions must resign or retire from service. In fact, the deregistration renders them ineligible for leadership at the teachers’ unions.

Aggrieved, he moved to the Appeals Court, arguing that the termination was illegal and had no effect in law.

 Sossion was appointed by TSC as a diploma teacher on a permanent and pensionable basis on September 1, 1993. He was released by the respondent to the Knut upon being elected as the Bomet Branch Secretary to serve on a full-time basis from June 1, 2001.

He was nominated by the  Orange Democratic Movement (ODM) party as a member of the National Assembly, and the respondent issued him a letter of termination on January 17, 2018.