A Kitui teacher has moved to court to sue his employer – Teachers Service Commission (TSC) for what he terms unfair termination after he was accused of molesting a student.
Nicholas Kivuva filed an application at the Employment and Labour Relations Court, arguing that the accusations leading to his November 2020 termination were false.
Kivuva is accused of having sexual affairs with a student and impregnating her, something that the student did not approve but the authorities still hold on to the accusations.
He claims that after he sought the transfer to Katulani, the principal threatened that he would pursue him.
“The principal was bitter with the transfer and even remarked to the claimant that he should not think that Katulani Boys’ Secondary School is in heaven and that they could still meet there,” Kivuva’s court documents state.
According to Kivuva, the student was pressured by the principal to link him to the pregnancy, and the principal is alleged to have beaten the student threatening to embarrass her through the media.
“In contradiction, however, it is on record in the committee minutes that the student averred that she was coerced and beaten and intimidated by principal into naming the claimant as having impregnated her when she had already stated the father was her boyfriend,” stated court documents.
“There was no DNA carried out at any point to validate that the baby was the applicant’s even after the student gave birth.
The hearing proceeded without any evidence to demonstrate any alleged sexual relations between the student and the claimant,” Kivuva added.
Until his termination, Kivuva was a teacher at Katulani Boys’ Secondary School and claims that his suffering is as a result of malicious victimisation by a principal of the previous school where he had taught, with whom they disagreed ideologically. The case is set for hearing on April 26.
