Perhaps thinking it was a minor offense, one principal admitted to his boss that he had allowed a sick schoolgirl to cook food in his home, some of which she took to her dormitory.
The Teachers Service Commission (TSC) fired him, and the Employment and Labor Relations Court confirmed his dismissal on October 27.
He followed up by filing a lawsuit seeking Sh5.6 million in compensation, the majority of which was gratuity.
The court in Kisumu ruled that he should not be paid anything because he failed to prove that he was entitled to gratuity; instead, he will be given a certificate of service.
Mr. Gregory Onyango Obonyo, a teacher since 1990, was fired, and the decision by Justice Christine Baari to uphold his dismissal reads like a tragicomedy.
His most recent assignment was as principal at Kanga Onditi Mixed Secondary School in Migori County.
He had been the principal for a year when the incident occurred that cost him his job.
The plot revolves around a provision contained within the TSC Code of Conduct and Ethics for Teachers, which was gazetted as a subsidiary legislation in 2015. According to Section 22 (2) of the code, a teacher must not “send learners to their personal residence for whatever reason.”
On the evening of January 28, 2019, Mr. Onyango was approached by two teachers, the boarding master and senior teacher, who were accompanied by the schoolgirl.
The girl claimed she was sick and had spent the entire day sleeping in the dorm.
“(Mr. Onyango) claims that the school lacked a dispensary, as well as a resident female teacher and a matron. He also claims that he sent the school watchman, Mr Alex Ochieng, to get painkillers for the student,” reads the verdict.
“Mr Onyango claims that because the student had not eaten, he instructed his nephew (name redacted because he is a minor) who lived with him to feed the student.Mr Onyango claims that he then retired to bed because he was feeling ill on the day,” the court document continues.
After reviewing the process that led to the teacher’s dismissal and the available avenues of appeal, Justice Baari concluded that there was nothing wrong with TSC’s handling of Mr. Onyango.
