- Mr Ephraim Mwangi Gachigua indicated that Justice Nzioki wa Makau, who is set to hear and determine the matter, is likely to be partial.
- This, he says, is because the judge dismissed a petition he filed in 2017, challenging his demotion from a principal to an ordinary teacher.
- The TSC said the current suit should be dismissed as it is related to the previous one, but Mr Gachigua said he has raised different issues.
A retired principal challenging the Teachers Service Commission’s (TSC) failure to define tutors' working hours wants a different judge to hear his petition at the Labour court.
Mr Ephraim Mwangi Gachigua indicated that Justice Nzioki wa Makau, who is set to hear and determine the matter, is likely to be partial.
The judge dismissed a petition he filed in 2017 that challenged his demotion from a principal to an ordinary teacher, he argued.
Mr Gachigua said the two petitions were related and that given the judge’s dismissal of the first one, on grounds of time constraints without regard for his employment status and demotion, Justice Makau should disqualify himself from the case.
At the time of the judgment, Mr Makau failed to note that he was "under continuous violation of his employment rights", he argued.
“His judgment, which I feel was unfair, is partly the cause of the current petition. It is to avoid a situation where the judge’s impartiality will be questioned that I filed this petition at the High Court, not the Labour court,” he said in response to the TSCs preliminary objection to the petition.
Mr Gachigua was a principal at Kihome Secondary School in Othaya before he was demoted in 2013 and transferred to Rugathi Secondary School in Mathira, Nyeri County, to serve as a teacher.