A teacher who was sacked two years ago over alleged sexual misconduct with her students has been reinstated.
The Teachers Service Commission had dismissed Hellen Khamali after three learners at Kabuyefwe Friends Boys Secondary in Trans Nzoia alleged she had sexual relations with them.
However, Justice Hellen Wasilwa ruled that TSC interdicted Khamali without any evidence, which she said was unfair, unlawful, and a violation of her rights under the Constitution.
“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,” the court said.
The Judge also noted that the English teacher had denied ever communicating with the students during the holiday and asked the TSC to produce call logs to prove this, which they didn’t.
“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.
Further, during the initial disciplinary hearing, the students who allegedly had sexual relationships with Khamali never produced any evidence.
One student had alleged that Khamali infected him with an STD but he later recanted his statement and even praised her for being a good teacher.
The Form 4 learner claimed he was forced to write the initial statement implicating the teacher by the principal who wanted to settle scores with Khamali.
In her ruling, Justice Wasilwa ordered the Teachers Service Commission to rehire Hellen Khamali and pay her full dues from when she was dismissed.
“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.
