Teacher transfer not a disciplinary measure, court tells TSC

TSC cannot transfer teachers arbitrarily. [Standard, File]

The principal claimed that her deputy had on March 16, 2023, failed to coordinate the school's Annual General Meeting (AGM) logistics. This, she alleged led to a disorganised event.

At the same time, Njaggah alleged that Chelegat failed to submit an investigation report to be handed over to TSC.

The principal also accused her deputy of allegedly allowing strangers into the school compound on March 15, 2023, to hawk their wares.

"The petitioner is well aware that her interdiction is for the collateral reason being that the 1st respondent (Njaggah) has for a while been unable to cause the 3rd respondent (TSC) to transfer her out of Moi Girls School Nairobi and hence the real intention is to create a reasonable ground upon conclusion of the interdiction that it is practically untenable for a principal who has interdicted her deputy to continue working together," said Masika.

In a supporting affidavit, Chelegat said that the June 30, 2023 letter was an indication that the principal had already made up her mind to evict her.

She argued that Njaggah was acting as the complainant and judge as she had on June 12, 2023, written a show cause letter requiring her to appear before the board and had indicated the responses were not satisfactory.

"The foregoing charges were the same five charges contained in the earlier show cause letter dated June 2, 2023. The petitioner was required to make a response once more, on the same charges she had been declared guilty by the complainant. And so she once more made a detailed response vide her letter dated June 19, 2023," said Chelegat.

Further, she said that on June 22, 2023, the board met but Njaggah sat in the meeting as a panellist and not as the complainant.

Chelegat faulted the school's Board of Management for failing to allow her to ask questions or produce evidence to counter the allegations against her. At the same time, she argued that it is against the TSC Act for the board to hear a disciplinary case without a report from an investigations panel.

The embattled deputy principal said the allegations against her were housekeeping issues that only qualified for a warning.

Chelegat said in her 27-year career, she has never received a disciplinary letter or warning from her employer.

Njaggah and the board on the other hand insisted that they had given her a fair hearing. In addition, they argued that Chelegat had not exhausted all the dispute resolution mechanisms.

TSC argued that a punishment warning had been issued to Chelegat and she had been transferred to Huruma Girls High School.