TSC operations stall over appointment controversy

By Stephen Makabila

Even after the Tenth Parliament approved three nominees to the Teachers Service Commission (TSC) days before its dissolution, two teachers’ unions and education stakeholders feel more needs to be done to ensure smooth operations at the Commission.

Kenya National Union of Teachers (Knut) Chairman Wilson Sossion said it is not in the interest of the education sector for TSC to remain without a substantive chairperson for long.

And the situation at the Commission has been complicated by the move by one of the candidates who was not nominated, to seek redress in court, in what Knut now views as holding the TSC at ransom.

“The three who were approved by Parliament should be sworn-in. It is an absolute risk for the Commission to remain paralysed and our appeal is the court case be withdrawn,” added Mr Sossion.

He, however, points out that even if the three commissioners are sworn-in, TSC would still have problems.

Substantive chair

“As things stand now, the Commission could remain without a substantive chair for the next six months. The acting chair alongside other five commissioners will have their terms expire in the next four months yet there are a lot of pending issues which TSC can only address with a substantive chair in charge,” Sossion told The Standard on Saturday.

Kenya Union of Post-Primary Education teachers Chairman Omboko Milemba agreed, adding teachers are demanding a functional TSC, with a chairman.

“The Ministry of Education should give us a TSC chair without any further delay. Let the person who scored the highest marks during the interviews be given the position,” added Mr Milemba.

The Kenya Secondary Schools Heads Association national vice-chairman John Awiti warned this is a critical transition period and TSC cannot  be non-functional.

“We are professionals who cannot hit the street to demonstrate like politicians. Promotions of teachers above job group T, Q, and R cannot be effected because it’s done by the commissioners,” added Awiti, the Principal of St Mary’s Yala.

Former TSC chairman Ibrahim Hussein retired from office in November 2011, and his successor has to be hired through competitive process under the new Constitution.

Under the law, the Commission has to consist of a chairperson and eight other members.

While approving names of Cleophas Tirop, Fredrick Ochieng’, and Adan Abdullahi as members of the commission a week ago, MPs declined to recommend appointment of Kiragu wa Magochi as chairman.

The former legislators strongly vouched for Lydia Nzomo to take up the post. She topped interviews for the position.

Dr Nzomo’s name, it emerged, had controversially been left out among those sent to President Kibaki for nomination and Parliament has called for investigation of the panel that interviewed the candidates.

Former legislators led by Public Health minister Beth Mugo, said Nzomo’s exemplary performance at Kenya Institute of Education indicated she was qualified to head the commission.

However, Sossion wondered why Parliament failed to approve Magochi.

Since Parliament is dissolved, it means the duty of approving the next TSC chair lies with the coming Eleventh Parliament whose membership will be determined at the March 4 General Election.

The chair could also be approved by the new Parliament alongside other five commissioners set to retire in May at the expiry of their terms.

Among urgent issues TSC has to deal with is devolving its services to the counties and restructuring operations in line with the new Constitution.

Last month, TSC county managers attended a five-day workshop in Mombasa on their roles under the devolved system of government.

Top on the agenda was improving service delivery on teacher management and?? working relationship with other Government officials at the county level.

TSC Secretary Gabriel Lengoiboni said the 47 county directors also shared their experiences and challenges they had encountered in seven months since they were recruited.

The Commission is also expected to ensure full implementation of the TSC Act 2012.

“We also expect the TSC to embark on negotiations with our union on the new terms and conditions of service for teachers,” noted Sossion.

Milemba pointed out that implementation of legal Notice No. 534 of 1997 cannot be achieved without a TSC chairman and resolving of disciplinary cases against suspended teachers had also stalled.

“The Consultative Committee between TSC and the teachers Unions which addresses various issues can also not meet without a substantive chairman,” he added.

Separately, Sossion has differed with church leaders opposed to the Basic Education Bill (2012). “Let the Bill be assented into law. We can then carry out necessary correction through amendments if need be,” he said.

The umbrella protestant churches had appealed to President Kibaki not to assent to the Basic Education Bill 2012.

The proposed law puts the Church and the Government on a collision course over the management of church-sponsored schools, according to National Council of Churches of Kenya secretary general Peter Karanja.

Proposed Bill

 “We particularly take issue with sections 26 and 41 of the proposed Bill and urge President Kibaki not to append his signature to the Bill and refer it back to Parliament,” said Karanja.

Sossion said churches should not be kicked out of schools management, but they should not ask for too much.

“The Government is the public, it should be given some level of independence to work,” he added.