Teacher fired for defiling student in car
Teacher fired for defiling student in car
Teacher fired for defiling student in car
In an attempt to fire a teacher for defiling a student in a car, the Teachers Service Commission (TSC) was successful. The TSC’s decision to fire the instructor was upheld by the Labour Court, which found in the TSC’s favor.
This decision is in accordance with an earlier finding rendered on January 23, 2023, by the Kakamega Senior Principal Magistrate’s Court, which ruled that the teacher’s removal was unjustified and mandated his reinstatement.
The lower court’s ruling was predicated on the dismissal of the criminal case against Julius Mutinye Makokha, the teacher who was charged with defiling a Mumias girl from St Mary’s Girls’ School.
The Labour Court, however, disapproved of the lower court’s logic. The judge pointed out that merely claiming Makokha had no involvement in the child’s pregnancy was insufficient; rather, he needed to admit to having unethical interactions with the minor.
Lady Justice Jemimah Keli, the judge, overturned the lower court’s decision, claiming that it had wrongly made its decisions solely on the resolution of a criminal case rather than taking a comprehensive approach.
The judge stated that when a teacher in a position of trust engaged in unethical behavior with a pupil, a reasonable employer would have considered the violation of trust. She said the teacher had given the child a phone and let her ride in his car, showing an affair that betrayed the faith that was placed in him.
In response to TSC’s appeal against the teacher’s reinstatement, the judge ruled that the orders were not valid since they were issued beyond the legally permitted three-year term and were consequently statute-barred.
On July 10, 2018, Makokha was first fired due to claims of unethical activity including a sex relationship he had with a pupil. When assessing the case, the court took into account the disciplinary actions as well as the minor’s affirmation of the sexual interactions. Makokha contended that since a lower court had cleared him of all charges related to fathering a minor, it was unusual for the TSC to punish him.