An application to stop the new Maseno Principal from resuming office has been dismissed in a Kisumu court.
The Maseno School Old Boys Association filed a case at the Labour court seeking to stop Andrew Buop from replacing Paul Otula.
Otula was sent on 30 days of compulsory leave to allow investigations following claims that a form one student was sodomised by senior students.
The application was dismissed after the defence failed to convince the court that "an individual’s right has been infringed".
Defence lawyer James Mwamu had earlier argued that Otula's removal amounted to unfair administrative action.
He said in a matter of forced leave, the deputy is the right person to act in that position, not a new principal.
“My client was ejected by TSC, accompanied by four administrative police officers and [they] brought in a new person yet there are able deputies within the school who could hold it while investigations continue," he said.
He added that various stakeholders, including parents, were concerned about the change and want the transition to be managed properly in order to maintain the standards at the school.
Mwamu had served the AG claiming he (Muigai) was representing the interest of TSC.
But Justice Maureen Onyango directed Mwamu to serve TSC directly as it is an independent institution and can be served directly.
“Currently the commission is not aware that there is a suit challenging its actions,” she said.
The application will be heard afresh on Thursday upon filing.
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