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The Employment and Labour Relations Court in Nairobi has stopped the interdiction of Deputy Principal of Moi Girls High School, Nairobi Dorcas Chelang’at for allegedly allowing hawkers into the school compound.

Justice Byram Ongaya issued orders barring the school’s Principal Margaret Nyaggah from interdicting and evicting her deputy from the staff quarters until the court determines Chelang’at’s case challenging the interdiction.

“In consideration of substantive justice and presumption of innocence, the interim order staying and suspending the eviction of the petitioner (Chelang’at) from Staff Quarter’s House vide the Eviction Order Ref. MGN/TSC/NO.310742/2023 dated June 30, 2023, and Attendant Interdiction vide Interdiction Letter Ref. MGN/TSC/NO.310742/2023 dated 23rd June 23, 2023, issued on July 4, 2023, is hereby extended until further orders by the court,” Justice  Ongaya ordered yesterday.

Chelang’at was interdicted on June 23, 2023, by the Principal on claims that she had neglected her duties by permitting strangers into the school compound for hawking on March 15, 2023.

Further, the Deputy Principal was accused that on March 16, 2023, she failed to mount a public address system within two hours during an AGM meeting resulting in a disorganised official event.

“You breached clause b(vi) of the third schedule of the TSC Act in that you (Chelang’at) in-subordinated your principal on May 24, 2023, by failing not to submit your report over the ongoing investigations for onward submissions to the TSC Nairobi Region office where you were a teacher at Moi Girls’ School, Nairobi,”  reads the interdiction letter.

Transfer bid

Aggrieved by the school principal’s move to interdict her, Chelang’at  through her lawyer Alex Masika moved to court challenging the decision terming it unlawful and unconstitutional

“The Principal of the giant Moi Girls School Nairobi had the audacity to Interdict her own Deputy Principal without the constitution of an investigation panel to provide a report the basis of any contemplated interdiction pursuant to the provisions of the Teachers Service Commission (TSC) Code of Regulations for Teachers and further on such flimsy and blurred allegations,” lawyer Masika told the judge.

Masika informed Justice Ongaya that Nyaggah interdicted her deputy after her efforts to have TSC transfer her (Chelang’at) from the school flopped.

The court heard that the Principal and the school’s Board of Management exceeded their powers when they elected to interdict the deputy principal without the benefit of a report from the investigation panel.

“Hence the only available remedy for the principal was the issuance of a warning letter to her deputy as provided for under Regulation 155 of the Teachers Service Commission Code of Regulations for Teachers,” the lawyer stated

Chelang’at has also protested the malicious move by Nyaggah to evict her from her school-rented house on July 3,2023 days after her interdiction.

According to the deputy principal, the law provides that upon interdiction, the Teacher’s housing arrangement, unlike the basic salary, should not, at all, be interfered with, as enriched under Regulation 89 (2) of the Code of Regulations for Teachers.

“Your honour the regulations is very clear that where a teacher is on interdiction and is on half salary, the Commission shall pay the full house allowance until the case is determined,” Masika stated 

He contended that Nyaggah’s reference to Regulation 147 (2) of the Code of Regulations for Teachers as the basis for the eviction order is a malicious misconstruction of the said Regulation which clearly refers to the vacation of the office held by the interdict and the same does not extend to the residence/housing arrangement.

But the school’s principal and the Board of Management through lawyer Martin Munene urged the judge to set aside the orders issued on July 4, 2023 saying the case by Chelang’at is premature.

Eviction order

Munene said that the eviction order is tied to interdiction as provided for under the TSC regulations

The Judge heard that the matter is offending the subjudice as the teacher has not disclosed to the court that the issue of eviction is also pending before the Rent Restrictions Tribunal under case number 107 of 2023. The lawyer further submitted that orders reversing the interdiction issued on July 4, 2023, were issued through deceit and non -disclosure of material facts.

The court heard there is a tenancy agreement between the teacher and the board of management.

This is after the judge sought to know from TSC lawyer Anyuor whether there is a tenancy agreement or accommodation for teachers by the employer. TSC urged the court to allow TSC to complete its disciplinary process against Chelang’at.

 Anyuor said that it is ridiculous to have a deputy principal suspended on allegations of failing to mount a public address system within two hours during an AGM.

The judge, however, granted TSC fourteen days to complete the disciplinary process against her and a decision on the same be tabled in court on July 27, 2023.

Judge Ongaya urged the parties in the matter to resolve the dispute out of court before the next mention date.