A court has dismissed Maseno School Old Boys Association’s attempt to block the new institution’s principal from taking over from Paul Otula.
The alumni association had filed a case at the employer and labour relations court in Kisumu seeking to stop Mr Andrew Buop from replacing Mr Paul Otula who was last week sent on a compulsory leave following claims by a Form One student that he was sodomised by senior students.
The application was dismissed after the defense failed to convince the court that an individual’s rights has been infringed.
Mr Buop was until the new posting Homa Bay High School Principal before he was transferred to Maseno as Mr Otula went for a 30-day forced leave.
The court ordered that the defense represented by lawyer James Mwamu serve the Teachers Service Commission (TSC) with the application after it emerged that only the Attorney General Mr Githu Muigai had been served but failed to appear in court.
Mr Mwamu had earlier argued that the manner in which Mr Otula was removed amounted to unfair administrative action and also indicated that in a matter of forced leave, the deputy is the right person to act and not a new school head as witnessed in the Maseno School case.
“My client was ejected by TSC which was accompanied by four administrative police officers. At the same time another person had been posted in his place yet there are two able deputies that could hold briefly as investigations continue,” said Mr Mwamu. He added that there was no primary report on the investigations that warranted the move by the commission.
The defence lawyer said stakeholders including parents were concerned about the changes made by TSC.
“All we want is that transition is managed properly in a manner that will maintain the standards of Maseno School,” said Mr Mwamu.
He had served the AG claiming he (Muigai) was representing the interest of TSC, a matter that was dismissed by Lady Justice Maureen Onyango.
“TSC is an independent institution that can sue and be sued and therefore have to be served directly. Currently the commission is not aware that there is a suit challenging its actions,” said Lady Justice Onyango. The application will be heard afresh on Thursday March 23 upon filing.