This archive report was first published on 21 November 2019.
On November 21, 2019, a retired school principal, Ephraim Mwangi Gachigua, filed a petition at the Labour court challenging the Teachers Service Commission's (TSC) failure to define teachers' working hours.
Gachigua, who was a principal at Kihome Secondary School in Othaya before he was demoted in 2013, is seeking a different judge to hear his case, citing concerns over Justice Nzioki wa Makau's impartiality.
He argues that Justice Makau, who is set to hear and determine the matter, is likely to be partial due to his previous dismissal of a petition Gachigua filed in 2017, challenging his demotion from a principal to an ordinary teacher.
Gachigua claims that the two petitions are related and that given the judge's dismissal of the first one, on grounds of time constraints without regard for his employment status and demotion, Justice Makau should disqualify himself from the case.
He further alleges that at the time of the judgment, Justice Makau failed to note that he was under continuous violation of his employment rights.
"His judgment, which I feel was unfair, is partly the cause of the current petition," Gachigua said in response to the TSC's preliminary objection to the petition.
He is seeking radical changes in the TSC's employment policy, including the definition of teachers' working hours and rest days per week, payment of half salary during interdiction, and access to information held by the commission.
The case will be mentioned on January 20, 2020.
