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Case Brief · caselaw.co.ke
ELRCPartially AllowedCause No. 55 of 2018

Rose Lunani Lukorito v Teachers Service Commission

Employment and Labour Relations Court
24 September 2026
7,851 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~31 min to read original · ~4 min brief

The bottom line

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A teacher fired in 2006 over a certificate fraud claim won her case because the Teachers Service Commission could not prove the certificate wasn't hers.

What this practically means

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Executive summary

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The claimant, a primary school teacher employed by the Teachers Service Commission from 1977, was dismissed with effect from 5th October 2006 on allegations that she had used another person's KJSE certificate (in the name Rose Lunani) to gain admission to a teachers' training college and employment, and had fraudulently earned a salary on a P2 certificate. She sued for declarations, damages, return of her withheld P2 certificate, an apology and interest. The cause, filed in 2012, had a chequered history: it was transferred between stations, struck out by Nduma J in 2019 as time-barred, and reinstated by the Court of Appeal in Eldoret Civil Appeal No. E169 of 2019 in a judgment of 11th October 2024. The court held the limitation issue had already been determined (Wasilwa J, 2014) and that a fraud-based claim was not subject to the three-year limit. On the merits, the court found the Respondent failed to prove that the KJSE certificate did not belong to the claimant: it never contacted the school or examination bodies, made no report to investigative agencies, and relied only on a belated chief's letter alleging mere name similarity. The claimant's explanation - that she adopted the name of her guardian brother - was corroborated by a school letter confirming she sat KJSE in 1973. The dismissal was held wrongful, unfair and unlawful in substance; procedurally, the process was largely fair but was vitiated by the Respondent's failure to determine the claimant's 2006 appeal. The court declared the dismissal unlawful, awarded notice pay (Kshs11,892), service pay (Kshs344,868) and maximum 12 months' compensation (Kshs142,704), ordered return of the P2 certificate and issuance of a certificate of service within 30 days, with interest from the dismissal date and costs to the claimant. Loss of ten years' future salary and an apology were refused.

Questions the Court framed

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

  1. 1.Whether the Claim was filed out of time
  2. 2.If (a) above is in the negative, whether the claimant was wrongfully, unfairly, and unlawfully dismissed
  3. 3.Whether the Claimant is entitled to the reliefs sought
  4. 4.Who should bear the costs of the cause

Key legal issues

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01

Limitation - whether the claim was time-barred

Holding

Not time-barred; the issue had already been determined by Wasilwa J and the cause reinstated by the Court of Appeal; the fraud-based claim fell outside the three-year limitation

Reasoning

The court noted the issue was determined in a 2014 ruling by Wasilwa J under Section 26 of the Limitation of Actions Act (fraud/mistake), that Nduma J's 2019 striking-out ruling was made in error, and that the Court of Appeal reinstated the cause in October 2024. The alleged misconduct was founded on alleged fraud, so the three-year limit did not apply.

p. 17
02

Whether the dismissal was substantively fair - did the Claimant use another's KJSE certificate

Holding

The dismissal was substantively unfair; the Respondent failed to prove the certificate did not belong to the Claimant

Reasoning

The Respondent alleged the KJSE certificate belonged to one Rose Lunani (allegedly a sister-in-law) but adduced no proof: it never contacted the school or examination bodies, made no report to the DCI, and relied only on a post-dismissal chief's letter alleging mere name similarity. The Claimant's explanation (adopting her guardian brother's name) and the school's confirmation letter stood unrebuted.

p. 24
03

Whether the disciplinary process was procedurally fair

Holding

The process was largely fair until the Respondent failed to determine the Claimant's appeal; cumulatively the procedure was unfair

Reasoning

The Claimant was interdicted, invited to respond in writing, and given a disciplinary hearing with notice and the right to bring witnesses. However, the Respondent never determined her 8th November 2006 appeal against dismissal, a grave and fatal omission violating natural justice. The investigation preceding the process was also found to be bogus and malicious.

p. 29
04

Entitlement to reliefs

Holding

Declaration of unfair termination, notice pay, service pay, maximum 12 months' compensation under Section 49(1)(c), return of P2 certificate, certificate of service, interest and costs granted; loss of future salary and apology refused

Reasoning

Notice pay was undisputed; service pay was awarded as no evidence showed the Claimant was in a pension scheme; the maximum 12 months' compensation was granted after considering Section 49(4) factors given the egregious unfairness. Loss of ten years' future salary was speculative, and an apology could not be ordered in vain.

p. 33

Legal principles established

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  • A party that alleges must prove the allegation on a balance of probabilities; the employer alleging use of another's certificate bears the burden of proving it
  • Fair dismissal requires both substantive and procedural fairness
  • Natural justice requires that a subject be allowed to seek review or appeal against an administrative action, and the failure to determine the Claimant's appeal was a grave omission
  • Misconduct founded on alleged fraud is not subject to the three-year limitation period under Section 26 of the Limitation of Actions Act

Court orders

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  1. 1.A declaratory order that the dismissal of the Claimant by the Respondent was wrongful, unfair, and unlawful
  2. 2.The Respondent to within 30 days of judgment return and deliver to the Claimant her P2 Certificate No. 06786
  3. 3.Award of one month's salary in lieu of notice of Kshs11,892/=, service pay of Kshs344,868/=, and compensation for unlawful dismissal of Kshs142,704/=, totalling Kshs499,464/=
  4. 4.The award is subject to statutory deductions but shall attract interest at court rates from the date of dismissal on 5th May 2006 till payment in full
  5. 5.The Respondent to issue and deliver a certificate of service to the Claimant within 30 days of the judgment
  6. 6.Costs of the cause to the Claimant

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under Article 162(2) of the Constitution (employment dispute; not expressly quoted in judgment)

Relief refused

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Loss of ten years' salary amounting to Kshs1,427,040/=

Presumptuous; no guarantee the Claimant would have served to retirement; not based on any law the Court could invoke

p. 31

An apology by the Respondent for shame, humiliation and mental anguish

Defamation not pleaded nor proved; a court does not issue orders in vain; left to the Respondent's conscience

p. 34

Costs

Costs of the cause to the Claimant (awarded although not pleaded, as the successful party).

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.

It is a cardinal principle of the law of evidence that a party that alleges must prove the allegation as a matter of fact – see Sections 107, 108, & 109 of the Evidence Act.
p. 24Burden of proof on employer alleging certificate fraud
the alleged investigations that followed were bogus, shambolic, pedestrian, malicious, and incredible for the reasons alluded to above.
p. 27Quality of the employer's investigation
It is a cardinal principle of the Rules of natural justice that a subject should always be allowed to seek for a review or appeal against an administrative action.
p. 29Right of appeal as a natural justice requirement
the court finds and holds that the dismissal of the Claimant by the Respondent was wrongful, unfair, unjust, and unlawful, both in substance and form (procedure).
p. 30Conclusion on fairness of dismissal
a) A declaratory order be and hereby issued that the dismissal of the Claimant by the Respondent was wrongful, unfair, and unlawful.
p. 34Final orders - declaration
f) Costs of the cause to the Claimant.
p. 35Final orders - costs

Issues in the judgment

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minor

Date of dismissal inconsistently stated as 5th May 2006 and 5th October 2006

minor

Judgment dated 24th September 2026, after submissions dated 27th January 2026 and hearing on 1st October 2025

minor

Interdiction letter describes Claimant's grade as P1 though the dispute concerns a P2 certificate

minor

Orders section numbered 25, inconsistent with paragraph numbering of the judgment

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, "Rose Lunani Lukorito v Teachers Service Commission", Case Analysis (2026). Cause No. 55 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2584/eng@2026-09-24

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