Counties told to halt hiring of ECDE teachers

By Kamau Muthoni

Kenya: Kenya National Union of Teachers (Knut) won the first round of a court case over recruitment of nursery school teachers.

High Court Judge Justice Isaac Lenaola had ordered recruitment of Early Childhood Development Education (ECDE) teachers halted.

Knut has challenged the recruitment of the teachers arguing that county governments are abusing the mandate of Teachers Service Commission (TSC).

The union, through a certificate of urgency, wanted the whole process stopped arguing that if allowed to go on, it will jeopardise the future of the young children.

“There is a risk that unsuitable persons may be recruited as ECDE teachers by county governments thereby, putting school children in danger,” says Knut Secretary General Wilson Sossion.

Knut’s lawyer John Mulika accused county governments of hiring unregistered teachers, which is in contravention of the Constitution.

“The role and power to recruit, appoint and employ teachers including the ECDE teachers is expressly conferred upon the TSC under Article 237 of the Constitution and not the County Government,” argued Mulika in the petition.

He stated that though the Fourth Schedule places pre-primary education under the county governments, it does not mean that TSC’s constitutional function and the role of recruitment and employment of all teachers is extinguished.

Knut told Justice Lenaola that issues touching on teachers are placed under the independent function of TSC and thus the direct recruitment of ECED teachers was faulting the foundation of the body.

“There is nothing in the Fourth Schedule or any national legislation that suggests delimiting of the said function, which remains a preserve of TSC,” the court heard.

In a sworn Affidavit, Knut says the recruitment will undermine the quality of education in the country.

“There is no guarantee or assurance of the standard and caliber of persons being recruited by county governments,” Knut argued. Sossion argued that the money being used for recruitment was drawn from the Exchequer. The court also heard that the union had addressed county governments about the issue on January 29, through a letter but the county bosses have remained silent about it.

“There is need for clear and unambiguous constitutional provisions to be observed and adhered to,” said Sossion.