The female high school teacher who was sacked by the Teachers Service Commission after being accused of sexual assault by students two years ago has been reinstated.
Hellen Khamali was accused by three From 4 students of having sexual relations with them with one of them claiming she had infected him with an STD.
Khamali, a teacher of English at Kabuyefwe Friends Boys Secondary school in Trans Nzoia county, was interdicted by the TSC for immoral behavior by being in a relationship with her male students.
But during the ruling, her case before the Court, Justice Hellen Wasilwa ordered TSC to rehire her and pay her full dues from when she was dismissed last year.
The judge determined that Khamali was dismissed without any evidence of the allegations stating that the action was unfair and unlawful and violated her rights under the Constitution.
“I note that the petitioner is a young lady, a mother, and wife whose career as a teacher was cut short by the illegality of TSC. The chances of her getting another job will be an uphill task unless she is reinstated,” the judge ruled.
The court noted that even though Khamali was allowed to defend her action, the process was to be efficient and lawful.
“In the case, TSC returned an invalid finding of their hearing process of guilt when, in fact, there was no evidence to support the finding,” the judge held.
The judge said Article 41 of the Constitution states that everyone has a right to fair labor practices and a person shall not be dismissed from employment without valid reasons.
“It is not clear why TSC proceeded to find her guilty without any evidence because the allegations against her were never produced during the initial investigations hearings,” said the court.
Justice Wasilwan noted that the accused had denied talking to the students during the holidays and asked the TSC to bring forward call logs to prove the allegation but they didn’t.
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“There was also an allegation that she sent the student in question text messages for him to meet her during the holiday. No such messages were produced in court” the court noted.
The court noted, during the initial disciplinary hearing, the students in question did not also produce evidence to support their claim.
Surprisingly during the court hearing, the student who had alleged that the teacher had infected him with STD, praised her for being a good teacher.
According to the student, he was forced to write the initial statement implicating the teacher by the school principal who wanted to settle scores with Khamali.
