Court Impedes Interdiction of Moi Girls High School Deputy Principal
Court Impedes Interdiction of Moi Girls High School Deputy Principal. The Employment and Labour Relations Court issued an order to stop the arrest of Dorcas Chelang’at, the deputy principal of Moi Girls High School in Nairobi. Chelang’at was accused of allowing hawkers inside the confines of the school.
Chelang’at cannot be interdicted or expelled from the staff quarters according to Justice Byram Ongaya’s directions until the court makes a decision in the case challenging Margaret Nyaggah’s interdiction.
According to Ongaya, the temporary order halting Chelang’at’s expulsion from the Staff Quarter’s House and the related prohibition should be in place until further orders from the court.
On June 23, 2023, Chelang’at was imprisoned by the principal, who claimed she had allowed others to enter the school’s grounds on March 15 to sell items. In addition, Chelang’at was accused of causing a chaotic situation by failing to set up a public address system for an AGM meeting on March 16, 2023, within the allotted two hours.
Chelang’at had disregarded the Principal, according to the interdiction letter, by failing to submit a report on ongoing inquiries to the TSC Nairobi Region office on May 24, 2023, in contravention of a TSC Act clause.
Chelang’at, who was represented by attorney Alex Masika, challenged the Principal’s decision in court, asserting that it was illegal and unconstitutional.
Masika said that the Principal was obligated under the Teachers Service Commission’s (TSC) Code of Regulations for Teachers to convene an investigative panel and generate a report before detaining Chelang’at.
Masika informed Justice Ongaya that Nyaggah had detained Chelang’at after trying in vain to have TSC expel Chelang’at from the school.
The principal and the school’s board of management were accused of acting outside of their jurisdiction when they arrested the deputy principal without first getting a report from the inquiry panel, according to the attorney.
Deputy Principal of Moi Girls High School is detained by the court
He asserted that a warning letter was the right course of action in accordance with Regulation 155 of the Teachers Service Commission Code of Regulations for Teachers.
The fact that Chelang’at was expelled from the house she lived with her school on July 3, 2023, not long after being detained, was another issue.
She asserts that in accordance with the regulations, the Teacher’s living circumstances cannot be altered while she is subject to an interdiction and that the full home allowance must be paid until the issue is resolved.
The Principal and the Board of Management’s legal counsel, Martin Munene, contended that Chelang’at’s move was hasty and urged the judge to quash the rulings from July 4, 2023. Munene claims that the eviction order and the interdiction are connected under the TSC regulations.
The TSC attorney claims that suspending a deputy principal for allegedly taking longer than two hours to set up a public address system during an AGM is excessive.
The Chelang’at disciplinary process was given 14 days by the court for TSC to complete, with a ruling due in court on July 27, 2023.