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Knut's Sossion no longer a teacher

The commission said his nomination to Parliament was inconsistent with his position in Knut.

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by ANNETTE WAMBULWA WambulwaAnnette

News26 July 2019 - 16:55
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In Summary


• Judge ruled it is not for the court to analyse why employment has been terminated provided reasons on the face of it are reasonable.

• Sossion was deregistered as a teacher by the TSC after accepting a nomination to Parliament by ODM. 

KNUT Secretary General Wilson Sossion addressing the media at KNUT head office in Nairobi last year.

Knut secretary general and Nominated MP Wilson Sossion is no longer a teacher after the Labour Court on Friday upheld the TSC's decision to deregister him.

A judgment by justice  Nelson Abuodha upheld the move to deregister him after he was nominated to Parliament by ODM, citing conflict of interest.

Justice Byram Ongaya, who read the ruling, said the show-cause letter issued to Sossion and his response were sufficient grounds for judgment.

Judge Abuodha said he was satisfied there were valid reasons for the termination of his contract as a teacher.

He further ruled the acceptance of the nomination to Parliament by ODM obviously put him in partisan political activity.

"It was a manifestation of an agreement to espouse and support ODM's agenda both in and outside parliament," the judge held.

The Teachers Service Commission said Sossion's acceptance of the nomination to Parliament by a partisan political party was inconsistent with his position as a public officer and a teacher under their control and supervision.

Abuodha ruled that it is not for the court to scrutinise reason the contract has been terminated by the employer, provided the reasons on the face of it are reasonable.

Sossion justified his acceptance of the nomination as a special category to represent workers. 

However, as far as the TSC is concerned, his release from active teaching was to enable him to focus on Kenya National Union of Teachers activities that exclusively concerned teachers' affairs.

Sossion said the TSC violated Code of Regulations for Teachers by not first interdicting Sossion and subjecting him to a disciplinary hearing before termination.

The judge ruled,  however, that he was not in active teaching service and was a member of Parliament subject to the Parliamentary Service Commission and interdicting him would not have had any effect.

Sossion had argued that the termination was prompted by malice, ill-will and was an abuse of the office of CEO to the TSC.

The commission told the court the MP was holding two public offices and earning double benefits in terms of pensions and gratuities, contrary to the law.

“Sossion’s assumption of office as an MP grossly breached the provisions of the code of conduct for Teachers, the Elections Act and the Code of Conduct and Ethics for Teachers and in effect violate the terms and conditions of his contract of service,” the TSC argued.

According to the Public Officers' Ethics  Act,  “Apublic officer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his office.”

The TSC said its relationship with Sossion remained that of an employer and employee, noting that his election as a union official was underpinned by the fact that he was a teacher.

Edited by N. Mbugua 


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