By The Weekly Vision Team
A high school principal whose services were unfairly suspended by the Teachers Service Commission can now sigh relief after the court ordered her reinstatement and payments of all salaries withheld by TSC. Jane Wangare filed the suit on 26th May 2023, seeking an order lifting the suspension and the reinstatement with effect from February 2022 up to 14th December 2021 without a break in service with full benefits.
Further, she prayed for an order for payment of all salary that was irregularly recovered, withheld, the benefits, and annual increments and promotion for the period she was on interdiction and suspension from September 2020 up to December 2021, amounting to Kshs. 3,665,990.00, and an order for payment of outstanding irregular recoveries of Kshs. 321,370.50.
She also prayed for an order for exemplary damages for mental anguish, torture, inhuman treatment, and embarrassment, and compensation for wrongful interdiction and suspension of 12 months’ wages and general damages emoluments/contingencies at a rate of 15%. Also in her prayer was an order for payment of annual leave at Kshs.10,000 for the two years she was on interdiction and suspension amounting to Kshs.20,000 and an order for payment of her disturbance allowance on transfer (one-month salary) amounting to Kshs.171,144.00.
However, TSC filed a defence on October 26, 2023, opposing the suit because it is res judicata and the disciplinary proceedings and action under review were lawful. Therefore, it prayed for the suit to be dismissed with costs. A judgment dated 6th August by Nyeri Judge Onesmus Makau reads, “I have found that the interdiction and the disciplinary action against the claimant were not grounded on valid and just reasons, and the procedure followed was not fair. I have also found that the claimant is entitled to the reliefs sought in the statement of claim.
The orders issued against TSC were “an order for payment or refund of all salary which was irregularly recovered, withheld the benefits, and annual increments and promotion for the period she was on interdiction and suspension from September 2020 up to December being Kshs. 3,796,216, but because she prayed for Kshs. 3,665,990, that is what I award, an order for payment of outstanding irregular recoveries of Kshs—321,370.50, which has since been recovered as per the pay slips filed.
He also gave orders for payment of exemplary damages for mental anguish, torture, inhuman treatment, and embarrassment totalling Kshs. 2,000,000 and an order for payment of her disturbance allowance on transfer (one-month salary) amounting to Kshs. 112,058.00.
