Wilson Sossion v Teachers Service Commission [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
M. K. Koome, H. Okwengu, J. Mohammed
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Wilson Sossion v Teachers Service Commission [2020] eKLR, highlighting key legal principles and implications for educators in Kenya.

Case Brief: Wilson Sossion v Teachers Service Commission [2020] eKLR

1. Case Information:
- Name of the Case: Hon. Wilson Sossion v. Teachers Service Commission
- Case Number: Civil Appeal (Application) No. 476 of 2019
- Court: Court of Appeal at Nairobi
- Date Delivered: 9th October 2020
- Category of Law: Civil
- Judge(s): M. K. Koome, H. Okwengu, J. Mohammed
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include whether:
- The applicant's termination from the Teachers Service Commission was lawful.
- The applicant's appeal would be rendered nugatory if the stay of execution is not granted.
- The applicant's position as Secretary General of the Kenya National Union of Teachers (KNUT) is protected under the Labour Relations Act.

3. Facts of the Case:
The applicant, Hon. Wilson Sossion, was appointed as a Diploma Teacher on a permanent and pensionable basis by the Teachers Service Commission on 1st September 1993. He was later elected as the Bomet Branch Secretary of KNUT and subsequently nominated to the National Assembly by the Orange Democratic Movement (ODM) party. On 17th January 2018, the Teachers Service Commission issued a termination letter to Sossion. In response, he filed a petition in the Employment and Labour Relations Court (ELRC) on 23rd February 2018, challenging the legality of his termination.

4. Procedural History:
Sossion's petition in the ELRC sought declarations that his termination was null and void and that he was entitled to a permanent injunction against further termination actions. The ELRC dismissed his petition, ruling that there were sufficient grounds for his termination and that he had received adequate hearings. Following this decision, Sossion filed a Notice of Appeal and the current application for a stay of execution pending the appeal.

5. Analysis:
- Rules: The court's jurisdiction to grant a stay of execution is governed by Rule 5(2)(b) of the Court of Appeal Rules. The principles established necessitate that the applicant demonstrates both an arguable appeal and that the appeal would be rendered nugatory if the stay is not granted.
- Case Law: The court referenced the case of *Stanley Kang’ethe Kinyanjui v. Tony Keter & 5 Others* for the principles governing applications for stay, emphasizing that an arguable appeal does not need to guarantee success but must be deserving of full argument.
- Application: The court determined that while Sossion's appeal presented arguable points, including the legality of his termination and the sufficiency of the hearings he received, he failed to demonstrate that the enforcement of the termination would render his appeal nugatory. The court concluded that remedies such as reinstatement or damages would be available should his appeal succeed.

6. Conclusion:
The court ruled against Sossion's application for a stay of execution, concluding that he did not satisfy the requirement that his appeal would be rendered nugatory. The costs of the application were to abide by the outcome of the appeal.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The Court of Appeal dismissed Hon. Wilson Sossion's application for a stay of execution against the Teachers Service Commission's termination of his employment. The court found that while Sossion's appeal raised arguable issues, he did not prove that the appeal would be rendered nugatory if the stay was denied. This case underscores the importance of demonstrating both aspects required for a stay under Rule 5(2)(b) of the Court of Appeal Rules.

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