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Court of AppealPartially AllowedCivil Appeal (Memorandum of Appeal dated September 27, 2019)

Sossion v Teachers Service Commission (Civil Appeal 476 of 2019) [2026] KECA 406 (KLR)

Court of Appeal
27 February 2026
4,742 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~19 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal ruled Sossion's firing had valid reasons but TSC used the wrong procedure, granting only a declaration, no compensation.

What this practically means

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Executive summary

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The Court of Appeal (Karanja, Tuiyott and Nyamweya, JJA) heard an appeal by Hon. Wilson Sossion against the dismissal by Abuodha J of his ELRC petition challenging the Teachers Service Commission's termination of his employment as a teacher following his nomination to the National Assembly by ODM. The court reaffirmed the first appellate duty to re-evaluate evidence, departing from trial findings only where unsupported by evidence, based on wrong principles, or injudicious. It held that nomination by a political party to Parliament entails membership of and participation in that party under section 34(8) of the Elections Act, so the nominee loses the political neutrality required of public officers under chapter six of the Constitution, article 77(1), and regulation 187 of CORT, and must resign from public office. The court therefore found valid reasons for termination, which were communicated to the appellant with an adequate opportunity to respond. However, the Commission bypassed the detailed disciplinary procedure in regulations 144 to 156 of CORT and adopted a summary procedure; following CMC Aviation and Ratemo v Dufourg, the court held that a mandatory statutory procedure cannot be displaced by summary dismissal under section 44 of the Employment Act. The appeal partially succeeded: a declaration issued that the termination process contravened regulations 144 to 156 of CORT, all other grounds and reliefs failed, and each party bore its own costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether there was justifiable reason for the termination of the appellant's employment
  2. 2.whether the process of termination was legal

Key legal issues

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01

Whether nomination to Parliament by a political party constitutes engagement in partisan political activity by a public officer

Holding

Yes. A nominated member is a member of the nominating party, loses political neutrality, and must resign from public office under article 77(1) of the Constitution and regulation 187 of CORT.

Reasoning

Nomination as a member of Parliament is by a political party, and section 34(8) of the Elections Act requires the nominee to be a party member at submission of the party list, presuming active participation in party activities. Election and nomination are both processes for appointment to political office. The appellant accordingly lost political neutrality and could not continue in gainful employment as a teacher without resigning as required by article 77(1) and regulation 187 of CORT.

p. 11
02

Whether there were valid reasons for terminating the appellant's employment

Holding

Yes. The failure to resign upon nomination constituted a valid reason, communicated to the appellant in the notice to show cause.

Reasoning

The appellant did not resign as required by article 77(1) of the Constitution and regulation 187 of CORT. Under section 43 of the Employment Act the employer proved the reason genuinely believed to exist at the time of termination, and that reason was communicated in the notice dated December 14, 2017.

p. 12
03

Whether the process of termination was lawful despite valid reasons

Holding

No. The respondent used a summary procedure instead of the mandatory disciplinary procedure in regulations 144 to 156 of CORT, rendering the termination procedurally unfair.

Reasoning

The CORT provides a detailed disciplinary procedure of complaint, investigation, interdiction and hearing. This procedure was not employed; the respondent instead used a summary procedure. Following CMC Aviation and Ratemo v Dufourg, the employee must be taken through the mandatory procedure provided by law whatever the reasons for termination. The procedural infractions rendered the termination unfair, though the substantive reasons were valid.

p. 13

Legal principles established

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  • Summary dismissal under section 44 of the Employment Act cannot be used to exclude compliance with an express statutory or contractual procedure for termination; a mandatory disciplinary procedure must be followed whatever the reasons for termination
  • Procedural fairness requires an employee be given notice of the charges that may lead to termination and a reasonable opportunity to consider and give a response

Court orders

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  1. 1.A declaration that the process of termination of the appellant's employment was not in accordance with regulations 144 to 156 of CORT
  2. 2.All other grounds of the appeal and reliefs sought by the appellant fail
  3. 3.Each party shall bear their own costs of the appeal

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
Employment and Labour Relations Court at Nairobi
ELRC Petition No. 12 of 2018
Jurisdiction invoked
First appellate jurisdiction over the ELRC (Memorandum of Appeal dated September 27, 2019)

Relief refused

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Nullity of termination and permanent injunction as sought in the ELRC petition

The termination was procedurally unfair but not rendered null and void; the appellant never sought damages or compensation and no basis was laid for such relief

p. 13

Damages or compensation for unfair termination

The appellant never sought any damages or compensation in his petition in the ELRC

p. 13

Costs

Each party shall bear their own costs of the appeal

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

the provisions on summary dismissal under section 44 of the Employment Act cannot be used to exclude compliance with an express procedure for termination which is either provided under statute or by contract.
p. 13summary dismissal and mandatory procedure
Consequently, not only does that person lose political neutrality once nominated, but their professionalism in the discharge of duties as a public oficer is also compromised since he or she is expected to prioritize their political parties' objectives and agenda.
p. 11political neutrality of public officers on nomination
Our conclusion therefore is that while the respondent demonstrated good and valid reasons for the appellant's termination of employment, gave notice of the said reasons to the appellant, granted him adequate opportunity to respond before the termination of his employment, and the termination was to this extent not unlawful; the procedural infractions. rendered the termination unfair.
p. 13conclusion on substance and procedure
This appeal accordingly only partially succeeds to the extent that we grant a declaration that the process of termination of the appellant's employment was not in accordance with regulations 144 to 156 of CORT. All other grounds of the appeal and reliefs sought by the appellant however fail. Each party shall bear their own costs of the appeal in the circumstances.
p. 13final orders and disposition

Issues in the judgment

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minor

The judgment describes the Court of Appeal as a 'first appellate court' in relation to the ELRC petition, while the memorandum of appeal was filed in this Court; the phrasing 'in this respect' also suggests an incomplete edit

minor

Internal quotation of section 30 of the Teachers Service Commission Act is truncated ('" (1)' with no following text) before the numbered subsections

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Sossion v Teachers Service Commission (Civil Appeal 476 of 2019) [2026] KECA 406 (KLR)", Case Analysis (2026). Civil Appeal (Memorandum of Appeal dated September 27, 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/406/eng@2026-02-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.