Maybe allowing it was an offence small enough to maintain shamefaced to, one star admitted to his employer that he’d allowed a sick snip to cook food in his house, some of which she took to her dormitory.
He’s now unemployed — fired by the preceptors Service Commission( TSC) and his sacking was verified by the Employment and Labour Relations Court on October 27.
Also, he’d demanded Sh5.6 million in compensation, the maturity of it being gratuity. The court, sitting in Kisumu, said he should n’t be paid a cent for failing to prove that he was entitled to gratuity; that he’ll only be given a instrument of service.
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The redundancy of Mr Gregory Onyango Obonyo, who has been a schoolteacher since 1990, reads like a monodrama from the judgement by Justice Christine Baari that championed his sacking.
His last advertisement was as the star of Kanga Onditi Mixed Secondary academy in Migori County.
He was a year into his term as the academy head when the incident that bring him his job happed.
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The story hinges on a provision inside the TSC Code of Conduct and Ethics for preceptors that was gazetted as a attachment legislation in 2015. Section 22( 2) of the law says a schoolteacher shall not “ shoot learners to their particular hearthstone for whatever reason ”.
Somewhere in the judgment, the judge says that Mr Onyango, being the academy head, “ should have led by illustration in icing compliance with the employer’s canons of conduct and ethics”.
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It began on the evening of January 28, 2019, when Mr Onyango was approached by two preceptors – who were the boarding master and elderly schoolteacher independently – accompanied by the snip.
The girl said she was sick and that she had spent the whole day in the dormitory, sleeping.
Mr Onyango states that the academy didn’t have a apothecary and neither did it have a resident womanish schoolteacher or a matriarch. He further states that he transferred the academy watchman, Mr Alex Ochieng, to buy anodynes for the pupil, ” the judgement reads.
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“ Mr Onyango avers that since the pupil hadn’t eaten, he instructed his whoreson,( name redacted as he’s a minor), who lived with him, to give the pupil some food. Mr Onyango avers that he also retired to bed as he was bad on the day, ” adds the court document.
TSC told the court that from its examinations which saw it solicit colorful parties, it established that the girl spent a considerable quantum of time in the star’s house. “
Having slept through supper, she went to Mr Onyango’s hearthstone where he offered her food, which she cooked for herself, ” the judge writes, casting TSC’s argument.
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She adds “ TSC states that the platoon further established that the pupil stayed at Mr Onyango’s hearthstone for two hours and went back to the dormitory with food that she had cooked; and further that it was only after being probed by her fellow scholars that she confessed having been at Mr Onyango’s hearthstone and that she had got the food from him.”
As a result of the findings, a TSC correctional commission sat on February 13, 2019 where Mr Onyango, his whoreson and the snip were heard.
From its cross-examinations, TSC concluded that the star had a case to answer and was latterly interdicted.
“ On June 25, 2019, Mr Onyango appeared before the correctional panel and the charges were read to him as appearing in his interdiction letter and which charges he admitted to, ” the judgement reads.
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Despite Mr Onyango contending shamefaced, TSC told the court that it called four substantiations. Its ultimate decision was to dismiss him.
Displeased, Mr Onyango approached TSC’s review commission, where he was heard on June 15, 2021. Before the commission, the court heard, he said he was apprehensive of the law of conduct that defines the boundaries between scholars and preceptors to check against sexual offences.
The review commission upheld his sacking, and that urged Mr Onyango to approach the Employment court in a case filed in November 2021.
“ Mr Onyango submits that the decision by TSC was too harsh as he handed health, safety and security to the learner by offering drug when the sick girl demanded it, ” reads the judgment, casting the star’s argument.
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Nearly along the proceedings, the court record shows, it was claimed that Mr Onyango had intercourse with the snip. still, the judge said, the redundancy
was entirely pegged on the act of the schoolteacher allowing the pupil in his house.
Justice Baari, examining the process that led to the schoolteacher’s redundancy
and the avenues of appeal handed, ruled that there was nothing to fault TSC on the way it let go of Mr Onyango.
“ In my view, the report of the forthcoming events is an illustration that TSC made every trouble and indeed complied with the obligatory conditions of Section 41 of the Employment Act in respect of redundancy / termination procedure. I find and hold that Mr Onyango’s redundancy
met the procedural fairness test, ” she said.
“ The issue of carnal knowledge wasn’t one of the charges against Mr Onyango and didn’t inform the decision to dismiss him, ” she added.
Below were the judge’s farther words. “ Mr Onyango, being the academy star, should have led by illustration in icing compliance with the employer’s law of conduct and ethics and other laws and regulations that seek to cover scholars from would- be sexual bloodsuckers.
TSC’s law of Conduct and Ethics expressly prohibits visits to teachers ’ households by scholars for egregious reasons. That Mr Onyango admitted violating the law is in itself sufficient, valid and justified reason for his redundancy. ”
“ Mr Onyango didn’t prove that he was owed a gratuity, which is generally only outstanding where it’s handed as an express term of a contract of employment, ” she added, ordering TSC to give him a instrument of service within seven says because “ an hand is entitled to irrespective of the reasons for his or her separation with the employer ”
