Towett v Teachers Service Commission (Claim E030 of 2023) [2025] KEELC 18315 (KLR) (16 December 2025) (Judgment)

Towett v Teachers Service Commission (Claim E030 of 2023) [2025] KEELC 18315 (KLR) (16 December 2025) (Judgment)

The Respondent failed to process the Claimant's request for early retirement on medical grounds, did not convene a medical board, and continued to pay her salary without taking disciplinary action or issuing a termination notice. There was no substantive or procedural justification for termination, and the Respondent's silence and inaction amounted to constructive dismissal. The counterclaim for salary refund was not merited as the Respondent is estopped from demanding repayment for salary knowingly paid during the period in question.

Citation
[2025] KEELC 18315 (KLR)
Parties
Claimant: Rose Chepkirui Towett; Respondent: Teachers Service Commission
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
16 December 2025
Case Number
Claim E030 of 2023
Procedural Posture
Employment and Labour Relations Claim / Judgment
Outcome
Claim allowed, counterclaim dismissed
Legal Topics
Constructive Dismissal, Unfair Termination, Employment Records, Sick Leave, Retirement on Medical Grounds, Salary Overpayment, Counterclaim for Refund
Source Language
English
Employment Law Labour Law Constructive Dismissal Unfair Termination Employment Records Sick Leave Retirement on Medical Grounds Salary Overpayment +1 more

Case Brief

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Parties

Rose Chepkirui Towett

Claimant

Teachers Service Commission

Respondent

Procedural Posture

Employment and Labour Relations Claim / Judgment

Legal Issues

  1. 1 Whether the Respondent breached its contract with the Claimant
  2. 2 Whether the Claimant deserted or abandoned her work
  3. 3 Whether the Claimant is entitled to the reliefs sought

Ratio Decidendi

The Respondent failed to process the Claimant's request for early retirement on medical grounds, did not convene a medical board, and continued to pay her salary without taking disciplinary action or issuing a termination notice. There was no substantive or procedural justification for termination, and the Respondent's silence and inaction amounted to constructive dismissal. The counterclaim for salary refund was not merited as the Respondent is estopped from demanding repayment for salary knowingly paid during the period in question.

Court Disposition

Claim allowed, counterclaim dismissed

Orders

  • Claimant was constructively dismissed by the Respondent's inaction and silence.
  • Claimant is not liable to refund any salary paid during the period in question.