The Teachers Service Commission (TSC) has fired their employee over a degree dispute resulting from school fees arrears.
The secondary school teacher, Joseph Mutimba had allegedly received his degree certificate from Masinde Muliro University (MMUST) without clearing his fee arrears amounting to Sh198, 800.
This raised questions as to how Mutimba gained access to the certificate from the Institution while still having the debt.
MMUST was then forced to cancel his Bachelor of Education (Arts) degree and soon after, his employer, TSC suspended him.
The frustrated teacher filed a lawsuit against the Kakamega based University for Violation of his rights under Article 28 of the Constitution.
High Court Judge William Musyoka agreed to Mutimba’s claims but declined to award him damages on grounds that he failed to explain how the degree certificate came into his possession after it disappeared from the custody of the UniversityUniversity.
Justice Musyoka also ruled that it was inappropriate for the Institution to contact the TSC alleging that the certificate he used to seek employment was fake, as the petitioner(Mutimba) had passed all his subjects and successfully graduated.
However, the UniversityUniversity told the court that Mutimba’s name was erroneously included in the graduation list although he had not cleared his school fees.
The teacher, who graduated from MMUST on December 6, 2013, stated in the court that he got employed by TSC in November 2016, but things changed when he received a letter from the university three years later in May 2019 cancelling his degree certificate.
On enquiring from TSC, he was informed that his salary had been suspended following a communication from the learning Institution over his school fees arrears.
The court directed that Mr Mutimba ought to get a new certificate with a new serial number for him to get his job back because his previous University University already revoked the certificate.