Court Upholds Dismissal of Teacher Who Missed Work to Care for Sick Father

The Employment and Labour Relations Court in Machakos has upheld the dismissal of a teacher who was absent from work for more than two weeks while caring for his critically ill father.

In a judgment delivered on August 20, 2026, Justice Jemimah Keli dismissed a petition filed by Cleophas Ngeywa challenging his termination by the Teachers Service Commission (TSC).

Ngeywa had sought orders cancelling the disciplinary proceedings against him and his reinstatement to his former position with full benefits.

Court Rules on Teacher Sacked for Unauthorised Absence

According to the judgement, Cleophas was absent from work between February 28 and March 15, 2020, after leaving to care for his seriously ill father.

The teacher argued that he had communicated his situation through a text message. However, the school principal disputed receiving the message.

As a result , the court noted that he had not obtained written permission or formally applied for compassionate leave as required under the applicable teachers’ regulations.

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The TSC subsequently treated his absence as desertion and initiated disciplinary proceedings that eventually resulted in his dismissal.

In addition, the court found that the disciplinary process followed by the teacher’s body was procedurally fair.

He was then given notice of the allegations against him and an opportunity to respond to the charges as well as being  allowed to cross-examine witnesses and submit a written response during the disciplinary process.

The court further noted that Ngeywa admitted during the disciplinary proceedings that he had been absent from work without permission.

Justice Keli consequently found no evidence that his constitutional rights to fair administrative action or a fair hearing had been violated.

Court Rejects Constitutional Challenge

The court further noted that although Ngeywa admitted during the disciplinary proceedings that he had been absent from work without permission, he argued that the disciplinary proceedings violated his constitutional rights and sought various declarations and orders against the TSC.

However, the court found no proof of a violation of his rights as it observed that the dispute arose from an employment disciplinary process governed by the relevant employment laws and regulations.

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It consequently dismissed the petition, finding it to be without merit.

In his petition, Ngeywa had asked the court to dismiss the TSC’s decisions and order his reinstatement with the benefits and rights he would have enjoyed before his termination.

He also sought Ksh1,368,536 in compensation, including one month’s salary and an amount equivalent to 12 months’ salary.

The court, however, dismissed the petition and declined to grant the orders sought.

Justice Keli made no order as to costs, noting that the parties were equal after the court also dismissed the TSC’s preliminary objection.

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A photo of Milimani Law Courts
PHOTO/Kenya Law