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TEACHERS SERVICE COMMISSION
V.
JOSEPH OKOTH OPIYO

(2014) JELR 93814 (CA)

Court of Appeal 10 Dec 2014 Kenya
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Case Details

Suit Number:Civil Appeal 8 of 2014
Judges:David Kenani Maraga, Festus Azangalala, Sankale ole Kantai
Location:Kisumu
Other Citations:Teachers Service Commission v. Joseph Okoth Opiyo [2014] eKLR

JUDGMENT OF THE COURT

1. JOSEPH OKOTH OPIYO (the respondent) was at the material time a teacher employed by the Teachers Service Commission (the appellant) and posted to Obugi-Nam Primary School. On an allegation that on 25th May, 2010 he had carnal knowledge of one of his former pupils, C A O, of Nyalunya RC Primary School, who was a standard six pupil at that school, the matter was reported to the District Education Officer (the DEO) and after investigations and a disciplinary hearing he was, on 11th October, 2011 dismissed from service.

2. Aggrieved by that dismissal, the respondent filed a claim in the Industrial Court contending: that his dismissal was illegal as there was no sufficient evidence to prove the allegation of immoral behavior against him; that he was not accorded an opportunity to defend himself; and that there were procedural flaws in the hearing of the complaint against him. In the circumstances, he prayed for a declaration that his dismissal was unlawful and therefo…

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