Court backs TSC dismissal of teacher after 15-day absence to care for sick father

A family medical emergency took a veteran Kenyan teacher from his classroom to his father’s hospital bed. Six years later, the same absence would cost him his teaching career.

The Employment and Labour Relations Court in Machakos has upheld the Teachers Service Commission’s decision to dismiss Cleophas Ngeywa, ruling that the disciplinary process was sufficiently fair even though his absence was triggered by his father’s illness.

Justice Jemimah Keli dismissed Ngeywa’s constitutional petition in a judgment delivered on August 20, 2026.

The ruling does not say teachers cannot leave work to attend to seriously ill relatives. Instead, it highlights a less comfortable reality for employees: a genuine family emergency does not automatically replace the need to follow formal leave procedures.

The case, Ngeywa v Teachers Service Commission [2026] KEELRC 2434 (KLR), was decided by the Employment and Labour Relations Court on August 20.

A 15-day absence that ended a 25-year career

Ngeywa had been teaching at Jamhuri High School in Nairobi when he received news in February 2020 that his father had been admitted to hospital in Kitale for surgery.

He travelled to Kitale to be with him.

In court, Ngeywa said he contacted colleagues and arranged for his classes to be covered while he attended to his father. He also said he informed the school principal through a text message.

His colleagues continued teaching his classes during his absence, according to court records reported from the proceedings.

His father was discharged on March 13, 2020, and Ngeywa returned to Nairobi. He reported to school, marked students’ Continuous Assessment Test scripts, entered marks and took part in the school’s closing activities as schools shut down because of the Covid-19 pandemic.

But TSC treated his absence between February 28 and March 15 as desertion of duty.

That became the central dispute.

Why TSC rejected his explanation

Under the TSC Code of Regulations for Teachers, desertion includes being absent continuously for 14 days or more without written permission or an acceptable explanation.

The same regulations provide for compassionate leave of up to 15 calendar days in a year. But the leave is not automatic. A teacher is required to apply for it and obtain approval.

TSC said Ngeywa had neither obtained written permission nor applied for compassionate leave before leaving his station.

The Commission also disputed his claim that he had communicated with the school principal about his absence.

Ngeywa was later summoned before the school's Board of Management and subsequently interdicted. He was given an opportunity to respond to the allegations before the Commission's disciplinary machinery.

The disciplinary panel found against him and recommended dismissal.

Ngeywa appealed. A TSC Review Committee heard the matter on August 31, 2022, but upheld the dismissal. The decision brought to an end a teaching career that had lasted about 25 years.

Teacher challenged fairness of disciplinary process

Ngeywa then moved to court, seeking reinstatement and more than Ksh1.36 million in salary and other benefits.

He argued that TSC had violated his constitutional rights, including his right to fair administrative action and a fair hearing.

Among his complaints was that he had been given only 10 days to prepare for the disciplinary hearing, despite his argument that the applicable rules entitled him to more time.

He also argued that he had not been properly informed of his right to be accompanied by a fellow employee or union representative.

TSC maintained that he had been given an opportunity to defend himself, present evidence and challenge the case against him.

Justice Keli rejected the argument that the hearing had fallen below the constitutional threshold.

The judge found that Ngeywa had been given time to prepare, attended the proceedings and presented his case.

“The petitioner was heard and minutes produced,” the court said, adding that he had not shown that he was denied an opportunity to call witnesses or cross-examine them.

The court also found that Ngeywa had admitted being away from work without permission and had not applied for compassionate leave.

It therefore concluded that there was “substantial fairness” in the disciplinary process.

The bigger lesson for teachers

The judgment is significant because it draws a line between having a legitimate personal reason for missing work and having the necessary authorisation to do so.

The court did not dismiss the seriousness of Ngeywa’s family circumstances. Instead, it focused on whether TSC had a lawful and sufficiently fair basis for disciplining him.

That distinction matters.

The TSC regulations recognise compassionate circumstances. But the existence of compassionate leave does not mean an employee can simply leave duty and regularise the absence later.

For teachers, the safest course during an emergency is therefore to notify the relevant authorities as quickly as possible and ensure the leave or permission is formally recorded.

Court says dispute belonged in employment law

Justice Keli also found that Ngeywa had approached the dispute primarily as a constitutional matter when the substance of his complaint concerned his employment and disciplinary process.

The court held that such grievances could be addressed through the ordinary employment-law framework rather than automatically being elevated into a constitutional claim.

The petition was consequently dismissed.

The court made no order on costs, meaning each side was left to meet its own legal expenses.

For Ngeywa, the judgment closes a long-running legal battle over an absence that began with a family crisis in 2020.

For thousands of teachers and other public employees, the case carries a simpler warning: when an emergency strikes, explaining why you had to leave may not be enough. How you obtain permission can matter just as much.

The ruling at a glance

Teacher: Cleophas Ngeywa
Employer: Teachers Service Commission
Court: Employment and Labour Relations Court, Machakos
Judge: Justice Jemimah Keli
Judgment: August 20, 2026
Absence: 15 days, from February 28 to March 15, 2020
Reason given: Caring for his seriously ill father in Kitale
TSC position: Absence amounted to desertion because there was no approved leave or written permission
Final outcome: Court dismissed Ngeywa’s constitutional petition and upheld the disciplinary outcome
Case: Ngeywa v Teachers Service Commission [2026] KEELRC 2434 (KLR)

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.