Sacked Teacher Sending Porn to Senior Staff Members Wins Lawsuit

A teacher who was fired by the Riara Group of Schools for twice emailing pornographic material to senior staff members has won a case in Kenya’s Employment and Labour Relations court.

Apollo Amanya, who had been employed since June 10, 2019, was fired for violating the school’s e-learning policy by uploading nude images.

He subsequently sued the institution for wrongful termination. The school said in court throughout the trial that Amanya delivered unsolicited pornographic materials to numerous senior staff members on February 24 and 25, 2021.

Sharing pornographic material, according to the school, was against its e-learning policies, which Amanya was aware of.

However, Amanya admitted in court that his email had been hacked and that he had reported the incident to the police as soon as he became aware of the intrusion. He added that on February 26, 2021, another set of photos were distributed from the same email account despite resetting the password.

The instructor claimed that the insensitive pictures were sent from the ICT lab via his email account. Amanya added that since he was in class, someone else must have been responsible for the distribution of the pictures.

One day after being subjected to the school’s disciplinary procedure and fired, on March 19, 2021, the teacher reported the intrusion into his account.

While the teacher was guilty of disseminating offensive photos, Justice Bernard Manani ruled that the dismissal procedure was unreasonable.

Manani argued that the teacher should have been given a fair hearing before being fired by the defendant. He continued by saying that even if the school had a good cause for terminating Amanya’s employment agreement, it was unable to persuade the judge that doing so adhered to the rules of due process.

Manani compensated the instructor for his unlawful termination by giving him Ksh110,000, which was equal to his pay for two months. The compensation was given since he wasn’t given a fair trial despite what appeared to be violations on his part.

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