The Commission on Administrative Justice (CAJ), also known as the Office of the Ombudsman, has ordered the Teachers Service Commission (TSC) to fully compensate a teacher who was unfairly retired 22 years ago on vague grounds of “public interest.”
The Ombudsman, in a statement issued on Monday, October 6, stated that it found the TSC had unlawfully removed the teacher, identified as MJG, from the payroll without following due process.
“The Commission on Administrative Justice (Office of the Ombudsman) recommends that the Teachers Service Commission (TSC) compensate a teacher fully by paying all monies owed from the date she was removed from the payroll until her rightful retirement date,” the statement read.
“The Commission found that the TSC erred in terminating the teacher’s services on the grounds of public interest without following due process.”
At the same time, the Commission noted that the TSC failed to explain the reasons for her termination or allow the presence of a shop-floor union representative during the process, as required under Section 41(2) of Cap 226 of the repealed Employment Act, which was the applicable law at the time.
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Ombudsman Orders TSC to Pay Teacher’s Salary for 22 Years After Unfair Retirement
MJG, who taught at Rwika Technical Institute, complained to the Ombudsman in March 2024, alleging that she was unjustly retired on unclear grounds and that her numerous follow-ups with TSC had been ignored.
The Ombudsman wrote to the TSC on April 2, 2024, to inquire about the matter. In its response dated April 3, TSC said it had initiated a complaint resolution process.
Later, in a letter dated July 8, 2024, the Commission claimed that MJG had been retired in the public interest and that her pension and benefits had already been processed in 2005.
However, MJG, in a rejoinder on February 5, 2025, categorically denied any history of mental illness and asserted that TSC did not seek authority from the Medical Board appointed by the Director of Medical Services to confirm any incapacity.
The Commission informed TSC of this rejoinder on 23rd April, 2025, requiring a response within 14 days.
TSC replied on 9th May, 2025, providing documents supporting its position that MJG was retired in the public interest,” the statement read further.
Findings by the Commission on Administrative Justice
CAJ found that TSC’s reliance on “public interest on medical grounds” was inconsistent and procedurally flawed.
“Retirement in the public interest and retirement on medical grounds are distinct modes of retirement recognised under the Teachers Service Commission Code of Regulations,” the Ombudsman said.
Citing Dk Njagi Marete vs Teachers Service Commission, CAJ emphasised that objective and demonstrable reasons must justify termination on public interest grounds.
“It is not enough to merely write a letter informing the employee of retirement on public interest grounds,” the Commission said. “There must be valid reasons amounting to public interest to justify the termination.”
“Retirement on public interest or medical grounds is valid only if it is objectively shown that medical issues affected MJG’s ability to perform her duties, supported by a conclusive report from a Medical Board appointed by the Director of Medical Services,” the commission stated.
The Ombudsman also referred to the Supreme Court’s decision in Gichuru v Package Insurance Brokers Ltd (Petition 36 of 2019), which held that an employer must demonstrate medical assessments proving an employee’s incapacity before such a decision is made.
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CAJ noted that TSC failed to adhere to these principles and did not constitute a medical board to evaluate the teacher’s fitness for duty.
The letter from the Ministry of Health dated October 18, 2004, confirming her hospital admission and discharge, was deemed insufficient to justify a medical retirement.
“Therefore, the alleged medical retirement was unprocedural, and MJG is entitled to payment of dues from 2003 to 2025, when she ought to have retired,” the Ombudsman ruled.
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