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A Teacher Sues TSC over show-cause letter

A secondary school teacher in Kakamega County has sued the teachers service commission, TSC for instituting a disciplinary proceeding against her after lodging a complaint with the police accusing her colleague of assaulting and injuring her 13-year-old son.

Carolyne Khamali Mwayuli, who teaches at St Augustine Mukumu Boys School, reported that her son who is in class eight survived death after an alleged senseless beating by his teachers. The complaint was filed at Khayega Police Station accusing  the teachers of violating her child’s rights.

In a suit filed at the Labour and Employment Court in Bungoma, Ms Mwiyuli, through Musyoka and Mogaka Advocates, accuses the school’s senior teacher Calystus Magotsi of canning her son and occasioning grievous harm on the child’s genitals, feet, legs and abdomen.

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In the court papers, Ms Mwayuli says instead of dealing with the teacher, the Teachers Service Commission (TSC) instead commenced disciplinary action against her.

After reporting the assault, Ms Mwiyuli says she was shocked when three days later she received a show-cause letter from TSC accusing her of insubordination. The letter, dated October 22, was signed by Kakamega East sub-county director Caren Ondhoro,.

“You witnessed as a class eight pupil was canned on October 19 in the head teacher’s office.”

In the court papers, Ms Mwayuli says the show-cause letter is misconceived, misdirected and meant to blackmail her to abandon and forsake her parental responsibility as spelt out in the Children’s Act.

“TSC has exceeded its statutory powers by dragging extra-contractual matters into a parental/school contract for educational services that are otherwise mutually exclusive,” she says in her affidavit.

She wants the court to quash the show-cause letter and TSC prohibited from requiring her to respond to the contents of the letter and taking any further steps in process commenced by the letter.

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