The Teachers Service Commission (TSC) has been sued by a high school teacher in Kitui, Eastern Kenya, Nicholas Kivuva, who was fired three years ago for allegedly eloping with a student.
On Monday, Kivuva, through his lawyer John Swaka, filed an application with the Employment and Labor Relations Court.
On April 26, the case will be heard.
In his application, Kivuva claims that he was fired due to malice.
He claims that before he was transferred, he was unjustly accused of having sexual contact with a pupil at a former school where he was teaching.
The teacher goes on to state that the pupil disputed the allegation multiple times.
Kivuva further claims that a series of phoney hearings were organized on various dates and that he was not given a fair hearing.
Kivuva, who was a teacher at Katulani Boys Secondary School until his termination, claimed in his plea that the student admitted in the proceedings that she was forced to implicate him by another person who was the mastermind behind the whole situation.
According to the former teacher’s application, despite severe charges of sexual misbehaviour levelled against him, no police complaint was filed.
And, according to Kivuva, after the girl gave birth, she revealed who her child’s father was.
“There was no DNA carried out at any point to validate that the baby was the applicant’s even after the student gave birth. The hearing proceeded without any evidence to demonstrate any alleged sexual relations between the student and the claimant,” adds Kivuva through his lawyer.
In addition, the instructor is seeking damages for special damages, unpaid pay, unpaid terminal dues, general damages, and interest on all four, as well as aggravated damages and litigation costs.
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