Nairobi Court Upholds Dismissal of Teacher Accused of Sexual Harassment

The Employment and Labour Relations Court has upheld the dismissal of a secondary school teacher accused of sexually harassing a pupil.

Justice Hellen Wasilwa ruled that the Teachers Service Commission (TSC) acted lawfully in terminating the employment of NP, formerly of Muthurwa Girls Secondary School, after allegations of inappropriate physical contact with a Form Four student. The court found that the disciplinary process followed the Code of Regulations for Teachers and that the evidence presented was sufficient to justify removal from service.

The case arose from incidents reported in September 2023, when NP allegedly called a student out of her classroom during a blackout and kissed her on a staircase. Witnesses further accused him of hugging her forcibly, touching her breasts without consent, and behaving inappropriately during a classroom reading session. Video footage, though dimly lit, was presented showing him embracing and kissing the student.

The school’s Board of Management convened disciplinary hearings in October 2023, where NP faced charges of maintaining an illicit relationship with the student and breaching school rules by giving her his mobile phone. The student testified in his presence, and fellow pupils corroborated her account, stating they had witnessed the incident and heard disturbances near the staircase.

NP challenged his dismissal, arguing that the proceedings were unfair, that his accusers did not testify against him, and that he was denied the opportunity to cross-examine witnesses. He further claimed that the allegations were fabricated, delayed, and unsupported by medical evidence, and accused the TSC of altering his interdiction letter.

The court rejected these claims, noting that the victim and other witnesses did testify in his presence and that he was afforded the right to cross-examine them both before the Board of Management and later before the TSC disciplinary committee. Justice Wasilwa emphasised that disciplinary proceedings are not criminal trials and therefore require proof of misconduct rather than the higher evidentiary threshold of criminal law.

In her ruling, Justice Wasilwa stated: “The evidence adduced pointed to the guilt of the petitioner on the charges levelled against him. There were valid reasons to warrant dismissal, and due process was followed.” She dismissed NP’s claims of unfair termination as “non-existent” and affirmed that the TSC had acted within its mandate to safeguard learners.

The court concluded that the testimonies remained consistent across both hearings and that the teacher had failed to discredit the accounts presented against him. Reinstatement or compensation was declined on grounds of public interest, with the judge stressing that returning a teacher found guilty of sexual misconduct to the classroom would undermine student safety.