Justice Stephen Radido has dismissed an application by KNUT Secretary General Wilson Sossion challenging the decision by Teachers Service Commission which terminated his services as a teacher.
On January 17, 2018, the Commission notified Sossion of the termination of his services as a teacher and Regulation 187(1) & (2) of the Code of Conduct for Teachers as read with section 16(2) of the Public Officers Ethics Act and clause 16 of the Code of Conduct and Ethics for Teachers, 2015 was cited.
The commission’s reason for the notice was stated to be Sossion’s decision to accept nomination into National Assembly as an MP.
After the 2017 general elections, Sossion was nominated to the National Assembly by the Orange Democratic Movement to represent the interest of workers.
KNUT affirmed the nomination at its Annual Delegates Conference in December 2017. In the same month, the Commission issued a termination notice to Sossion.
It stated that the acceptance of the nomination by Sossion was contrary to Regulation 187(2) of the Code of Regulations for Teachers, 2015, which required teachers to resign/retire from service upon opting to participate in political activities.
Sossion was aggrieved by the decision and commenced legal action against the Commission in Nairobi under petition No. 12 of 2018, Hon Wilson Sossion v Teachers Service Commission.
In his application, Sossion wanted the court to declare the decision of January 17, 2018 that calls for his termination as a teacher, malicious, ill-will, bad faith, and a gross abuse of office.
He claimed the offence he allegedly committed did not warrant the drastic action by the Commission.
