KNUT ex-Secretary General Wilson Sossion, now nominated MP told a Nairobi court that Teachers Service Commission TSC decision to remove him is driven malice, improper motives, and bad faith and are aimed at achieving vindictiveness and vengeance due to the firmness and position he took fighting for teachers welfare.
In an application filed at the Milimani law courts, Mr Sossion says that the decision by TSC is illegal and unprocedural.
He now wants the court to suspend it pending hearing and determination of the suit.
“The chief executive Officer /Secretary of TSC in her decision of 17th January, 2018 acted in violation of the rules of natural justice,”reads court documents.
Mr Sossion further holds that the power to terminate a teacher is regulated in law and that regulation is informed by the rules of justice and fairness.
The decision by TSC, he says is actuated by malice, improper motives, and bad faith and is aimed at achieving vindictiveness and vengeance due to the firmness and position generally taken by him in pursuance of the union mandate.
He says that he was entitled to a one month notice in writing or paying one month salary in lieu of notice.
He argues that the offence he allegedly committed warranting the drastic action by TSC is not one among those provided for under regulation 141 and 187 of the Code of Regulation for Teachers.
In a letter from TSC Chief Executive Officer Ms Nancy Macharia, the commission terminated Sossion and others as a teachers with effect from January 15, 2018.
“It has been noted that you were nominated as a Member of Parliament yet the Commission has not received your resignation or retirement letter,” the commission wrote.
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