Court Upholds TSC Dismissal of Principal Who Took Form Four Girl to His Private Residence

The Employment and Labour Relations Court in Nakuru has upheld the Teachers Service Commission’s (TSC) decision to dismiss and deregister former Chebotoi Mixed Day Secondary School principal, Leonard Wambuluwa Barasa, following allegations of immoral behaviour involving a Form Four learner.

The court ruled that the TSC acted within the law and followed proper procedures when terminating Barasa’s employment and removing him from the teachers’ register.

“The court is satisfied that Mr Barasa’s dismissal and deregistration were based on valid grounds and followed the law. His request for reinstatement or compensation has no merit,” the ruling stated.

Barasa had been a teacher under TSC since 1995, after earning a Bachelor of Science in Education from Kenyatta University. At the time of his dismissal on August 21, 2021, he was serving as the principal of the Nakuru County school.

What Happened

The case dates back to April 2021 when a Form Four student, referred to as M.C. in court documents, who was 21 years old, reported an incident involving Barasa. TSC immediately interdicted him over claims of an inappropriate relationship with the learner.

Barasa later filed a case at the Employment and Labour Relations Court, seeking to:

Declare his termination unfair and unlawful
Be reinstated as a teacher
Receive employment benefits and compensation

Barasa claimed that on April 14, 2021, after Form Four exams, he was driving students and staff to Saptet Junction and then to his home in Kitale. While refuelling near his house, he said he met the student, who asked for help transporting a bag of fertiliser. He admitted stopping briefly at his residence to collect a travel bag, insisting the student was only in his car.

However, local administrators later confronted Barasa, leading to his arrest at Kiptagich Police Station. He was charged under the Sexual Offences Act but was acquitted on January 18, 2023, after DNA tests and medical findings did not link him to any sexual activity.

Despite the acquittal, TSC continued with disciplinary action, eventually dismissing and deregistering him.

Learner’s Testimony

The learner told investigators that Barasa picked her from Kiptagich Shopping Centre and took her to his home, where they engaged in an intimate encounter. She claimed he later gave her Sh1,000 and provided refreshments. Local administrators later intervened and escorted both to the police station.

TSC relied on the learner’s account, which was consistent throughout investigations and disciplinary hearings, along with statements from local administrators and other witnesses. The Commission said Barasa’s actions violated Circular No. 3 of 2010 on the Protection of Learners.

Court Findings

The court noted that Barasa was given enough time to prepare for the disciplinary hearing, even if he argued he had insufficient time during initial interrogations.

It also clarified that being acquitted in criminal court does not automatically invalidate an employer’s disciplinary process.

“The claimant cannot use the criminal acquittal to challenge the disciplinary action by the Commission,” the court stated.

The ruling emphasized that Barasa admitted to taking the learner to his residence. The court stressed that a teacher’s professional responsibilities go beyond criminal liability, noting that immoral behaviour does not require proof of sexual activity.