A judge has upheld a decision by Safaricom’s M-Pesa Foundation Academy to sack an officer for manipulating academic reports to secure for an alleged relative, an unmerited admission to the school which only targets bright but poor students.
Skastina Bonareri Omboga was dismissed from the academy on September 14, 2017, for manipulating the admission process, doctoring data and changing recommendations by the Nyamira County government, to facilitate the entry of an undeclared relative to the school where she worked as an admissions assistant.
In dismissing a case where Ms Omboga had sought compensation for work-related discrimination and unfair termination of her contract, the Employment and Labour Relations Court said the sacking was proper.
“The court is convinced that at the very least, one reason given in justifying termination, was established firmly. It was a very substantive ground. The claimant was involved in the admission of a student or students, contrary to the respondent’s admission policy” Justice James Rika said in a judgement.
The judge said it was improper for Ms Omboga to influence the admission of a weak student into the academy using forgery, denying deserving candidates.
“Admission of students, especially in specialised institutions, such as the respondent (M-Pesa Foundation Academy) whose objective is to empower brilliant but poor children, ought to be carried out in strict adherence to the laid down admission criteria.” Justice Rika said.
“Once high-performing institutions for poor but brilliant children, have their student admissions manipulated, they gradually fall from the summit of academic excellence, into the ignominy of academic minnows. Such institutions and the children they are meant to serve, do not meet their objectives” he added.
M-Pesa Foundation Academy said Ms Omboga failed to disclose that she had familial ties with the affected student and manipulated recommendations by the county government to win him a slot in the school.
Court records show that the student, who was a resident of Kayole estate in Nairobi, was ferried to Nyamira County to do the admissions interview contrary to the rules. Testimonies filed by the student’s former teachers said he could not cope academically.
Trouble started for Ms Omboga when an official of the academy-Elishibah Poriot, noted that the student was having challenges coping both in class and socially. Ms Poriot requested the personal file of the student sometime in June 2017 to relook into the admission process of the student, to understand his interview process, and home visits, preceding admission.
On August 1, 2017, Ms Omboga was suspended for 30 days but with full pay over the irregular admission of the affected student.
The school said that there was an allegation that the Ms Omboga was an aunt to the student and she had failed to disclose a conflict of interest contrary to the institution’s policy.
Investigations showed Ms Omboga influenced the irregular admission of the student. She was invited for a disciplinary hearing and later dismissed, prompting a court battle.
Justice Rika however backed the decision of the academy.
