TSC FORCED TO PAY A WHOOPING KSHS 5 MILLION FOR NEGLIGENCE
WHAT GOES AROUND, COMES AROUND
Does the phrase “Learner Safety and Protection” mean something to you? If it does not, allow me to elaborate it briefly.
This is one of the key areas in Teacher Performance Appraisal and Professional Development, TPAD. This clause holds teachers responsible for learner safety and protection.
If you have been keenly following TSC News, you may have come across some cases of TSC employed teachers being deregistered or suspended from the service for failing to ensure learner safety and protection.
A good example is when students commit suicide. If the suicide is linked to a teacher in any way, then the tutor is in for big trouble including suspension from duty and/ or deregistration.
TSC in Trouble
I used the idiom “What goes around comes back around” to simply mean that the same trap that the TSC had set for teachers has caught up with the commission itself.
This is because the Teachers Service Commission has suffered a big blow after the Court of Appeal upheld Justice Mumbi Ngugi’s ruling that two minors defiled by a deputy’s head be compensated a total sum of Kshs 5 million.
The commission had moved to the court of appeal to protest against high court judge Justice Mumbi Ngugi’s ruling who had blamed the Commission for failing to safeguard the security of the two minors at school.
Court of Appeal judges Martha Koome, Fatuma Sichale, and Roselyn Nambuye, however, they turned down the appeal by TSC hence affirming Justice Mumbi’s grand ruling.
“As innocent victims, the minors are entitled to compensation for having been subjected to humiliation, shame, and pain that may have a lifelong effect on them. It is inconceivable how the minors in their tender years are made to carry that kind of burden of shame due to selfishness of a caregiver,” ruled the three judges.
The two minors were defiled by Astarikoh Henry Amkoah, a deputy headteacher at Jamhuri Primary School (Nakuru County) on July 4, and 10 2020.
The unfortunate incidents occurred in the teacher’s house.
In her ruling, Justice Mumbi awarded the first victim Kshs 2 million and the second one who dropped out of school after the incident Kshs 3 million.
At the time of the incident, the victims were aged 12 and 13 respectively.
The money should be deposited in an interest-earning account in trust to enable the two to complete their studies and earn a sustainable living.
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