Why Mulunda Has Been Reinstated as TSC Deputy Secretary With all Six Months Arrears
Employment and Labour Relations court has directed the immediate reinstatement of sacked Teachers Service Commission (TSC) Deputy Secretary Kennedy Mulunda.
Mulunda had moved to court saying his rights and freedoms were violated when he was sacked six months ago allegedly over abuse of office.
Justice Monica Mbaru, who issued the judgment on Wednesday, directed that Mulunda be reinstated to his post as deputy secretary of TSC without loss of salary, benefits or work perks.
“The employment was terminated unfairly. The petitioner shall report on duty on December 1 at 8am for deployment,” Mbaru ruled.
Mbaru observed that Mulunda had travelled abroad on official duty in Geneva when he received a message through WhatsApp over complaints raised by some principals and school bursars in Western and Nyanza region.
On January 20, he was reportedly issued with a ‘show cause’ notice raising several abuse of office charges. He responded on January 26 denying the claims. He then appeared before a probe team and was subsequently given a termination letter on June 20.
In the petition, TSC and Secretary Nancy Macharia were named as First and Second Respondents.
The judge said the respondents acted arbitrary and failed to ensure that the petitioner was secured under Article 41 and 47 of the Constitution and Section 45 of the Employment Act.