TSC Ordered to Compensate Teacher Salary for 22 Years Following Retirement on Mental Health Grounds


In reference to Dk Njagi Marete vs Teachers Service Commission, CAJ underscored that objective and demonstrable reasons are necessary to justify termination on public interest grounds.

  "Merely sending a letter to inform the employee of retirement on public interest grounds is insufficient," the Commission remarked. "There must be valid reasons that constitute public interest to warrant the termination." "Retirement on public interest or medical grounds is only valid if it is objectively demonstrated that medical issues impaired MJG’s ability to fulfill her responsibilities, supported by a definitive report from a Medical Board appointed by the Director of Medical Services," the commission articulated. The Ombudsman also referenced the Supreme Court’s ruling in Gichuru v Package Insurance Brokers Ltd (Petition 36 of 2019), which determined that an employer is required to provide medical evaluations that substantiate an employee’s incapacity prior to making such a decision. Also Read: TSC Permanently Deregisters 15 Kenyan Teachers With Immediate Effect [LIST] CAJ observed that TSC did not comply with these principles and failed to establish a medical board to assess the teacher’s fitness for duty. The correspondence from the Ministry of Health dated October 18, 2004, which confirmed her hospital admission and discharge, was considered inadequate to validate a medical retirement. "Consequently, the purported medical retirement was improper, and MJG is entitled to receive payment of dues from 2003 to 2025, the year she should have retired," the Ombudsman concluded.

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