The Court of Appeal in Tanzania has upheld the dismissal of Dr. Daudi Kajigili, the former Acting Director of the Research, Information and Publishing Department at the Tanzania Institute of Education. Dr. Kajigili was dismissed due to allegations of negligence in supervising the preparation and publication of textbooks that contained errors. The court found that the department under his supervision was responsible for overseeing the design and publication of 44 textbooks, including those that were distributed to schools with errors in content, language, and illustrations.
According to the court's findings, Dr. Kajigili was suspended in October 2017 and subsequently charged with two counts of serious negligence under the Public Service Regulations in July 2018. An Inquiry Committee found him guilty, leading to his dismissal from employment with effect from October 18, 2018. Dr. Kajigili had appealed to the Public Service Commission, but his appeal was rejected. He then sought judicial review of the decision at the High Court, which dismissed his application on May 19, 2023.
Dr. Kajigili had raised 10 grounds of appeal before the Court of Appeal, challenging the High Court decision. He argued that there were errors in the process used to take disciplinary action against him, including discrepancies in the figures cited for the alleged loss and claims that some duties relied upon to find him guilty were not part of his responsibilities. He also questioned the authenticity of some documents used in the proceedings.
The Court of Appeal, however, rejected Dr. Kajigili's arguments and dismissed his appeal. The judges emphasized that the court's role in judicial review was not to rehear the case or reassess the evidence against him but to determine whether the process followed the law and applicable procedures. They found that Dr. Kajigili's department was indeed responsible for supervising the design of 44 textbooks, as evidenced by his own testimony and documents submitted to the court.
The judges also addressed Dr. Kajigili's argument that he was not personally summoned before the Public Service Commission, stating that there was no mandatory requirement for an appellant to appear personally before the commission. The Court of Appeal's ruling was delivered on September 16, 2026, by a three-judge panel comprising Justice Barke Sehel, Justice Omar Othman Makungu, and Justice Isaa Maige.
The dismissal of Dr. Kajigili was related to allegations of a Sh12.64 billion loss incurred by the Tanzania Institute of Education due to the publication of erroneous textbooks. The court's decision allows the dismissal of Dr. Kajigili from employment to stand, with each party ordered to bear its own costs. This ruling brings to a close a lengthy dispute over Dr. Kajigili's role in the preparation and publication of textbooks during his tenure as Acting Director of the RIP Department.
Key points
- The Court of Appeal upheld the dismissal of Dr. Daudi Kajigili due to negligence in supervising textbook preparation and publication.
- Dr. Kajigili was found guilty of two counts of negligence, including failure to supervise the preparation of Standard Three and Form One to Four textbooks.
- The court's decision was based on the finding that Dr. Kajigili's department was responsible for overseeing the design and publication of 44 textbooks with errors.
