Lawyer John Swaka leave Milimani law courts after he obtained orders restraining city county director of education from sacking the principal of Uhuru secondary school principal Andrew Obanga on Friday 18 August,2015..
BY SAM ALFAN.
Nairobi City County Director of Education has been restrained from sacking a secondary school principal in the county.
Justice George Odunga issued the orders halting the Director from removing Andrew O. Obanga as the principal of Uhuru Secondary School and replacing him with his deputy
The restraining order will remain in place pending hearing and determination of the suit.
School’s Board of management through lawyer John Swaka filed the application, saying that the Director has overstepped his mandate by verbally firing Obanga and replacing him with his deputy Duncan Juma.
Lawyer told the court that the director’s action to remove Mr Obanga from his position and replacing him with his deputy will destabilize and paralyze the smooth learning at the school
The move the court heard was done arbitrary, unfair and contrary to the law.
Mr Sakwa told the court that the board it was apprehensive the illegal removal of the principal will paralyze learning in the institution and may lead to students’ unrest when school reopens next week.
“The institution stands to suffer irreparable loss if the decision to remove the principal is upheld more so because he was overseeing the resolution of a land dispute involving an 18 acre piece of land belonging to the school”.
According to the board, powers to fire and hire is bestowed on the Teachers Service Commission Under the constitution.
The judge directed that the matter be heard on September 3