Court of Appeal Faults TSC Procedure in Sossion Dismissal, Upholds Termination
Education Updated: 27 February 2026 21:10 EAT
Allegedly, Wilson Sossion is gearing up for an EPIC 2026 showdown with Collins Oyuu for the KNUT throne
The Court of Appeal has ruled that the process used by the Teachers Service Commission (TSC) to end the employment of Wilson Sossion did not comply with the Code of Regulations for Teachers, but upheld the lawfulness of his dismissal.
In its judgment, the appellate court found that although TSC had substantive grounds to terminate Sossion’s employment, it failed to strictly adhere to the mandatory disciplinary procedures outlined in the governing regulations for teachers.
The dispute stems from Sossion’s nomination to the National Assembly in 2017 by the Orange Democratic Movement to represent workers’ interests. His entry into elective politics triggered questions about compatibility with his status as a teacher employed by TSC.
At the time, Sossion was serving as Secretary-General of the Kenya National Union of Teachers, a position that had already placed him at the centre of national education policy debates and labour disputes.
Following his nomination, TSC issued him with a notice to show cause, citing provisions in the Code that restrict teachers from engaging in partisan political activities. The Commission subsequently moved to terminate his services in January 2018.
Sossion challenged the decision at the Employment and Labour Relations Court, arguing that the termination violated his right to fair administrative action and due process. However, that court dismissed his petition, prompting the appeal.
On appeal, the judges scrutinised whether TSC had followed the procedural safeguards required before dismissing a teacher. They examined whether the Commission conducted a proper disciplinary hearing and complied with the step-by-step process set out in the Code.
The bench concluded that the Commission relied on a truncated procedure that fell short of the detailed requirements governing investigations, hearings and determinations in disciplinary matters involving teachers.
Despite identifying procedural flaws, the court held that Sossion’s active participation in partisan politics constituted a valid and lawful basis for termination under the regulatory framework governing the teaching service.
The judges underscored that in employment law, both substantive justification and procedural fairness are essential components of a lawful dismissal. A valid reason alone, they observed, does not excuse non-compliance with laid-down disciplinary procedures.
However, the court noted that Sossion had not sought reinstatement, damages or compensation in his pleadings. As a result, while he secured a declaration that the process was flawed, no monetary award or reinstatement order was issued.
The ruling clarifies the obligations of public sector employers, affirming that statutory bodies must strictly follow prescribed disciplinary frameworks even where grounds for termination are legally sound.
Tags: Education Education Ministry Knut Ministry Of Education Signs Media Kenya Limited Signsmedia Signstvkenya Wilson Sossion
Share this article
FELIX MAKONA
FACT FINDER AND DATA DRIVEN JOURNALIST. DATA MINING AT IT'S BEST. GET FACTS RANGING FROM MATTERS DISABILITY AND INCLUSION, POLITICS, ECONOMY, SPORTS AND GENERAL NEWS AROUND THE WORLD