Defiant Kinyua disobeys court order on TSC appointments

By MARTIN MUTUA

State House Chief of Staff Joseph Kinyua is headed on a collision course with the Teachers Service Commission (TSC) for disobeying a court order over appointments of new commissioners and a chairperson.

The TSC Secretary Gabriel Lengoiboni has now written to Education Cabinet Secretary Jacob Kaimenyi telling him to advise the Office of the President to honour a court ruling that directed that fresh shortlisted names be forwarded to the president for appointment.

It has emerged that Mr Kinyua in disregard of the TSC Act and the Constitution is seeking to disband the Prof James Kamunge panel constituted last year to fill up positions of chairperson and commissioners to the TSC. He wants a new panel constituted to take charge of the process.

Last week, Kinyua kicked up a storm after he wrote to various stakeholders seeking to have them nominate members to form a new panel that is supposed to carry out fresh interviews to the positions.

In a letter seen by The Standard on Saturday he has written to Kenya National Union of Teachers, Kenya Union of Post Primary Education Teachers urging them to nominate members to the panel.

“As you are aware, the post of Chairman and five members of Teacher Service Commission have been vacant for quite some time. In accordance with the Teachers Services Act, 2012, section 8 (1, 2), the President is mandated to constitute a selection panel which will oversee the appointment of a chairman and members,” says Kinyua in one of the letters to unions.

Yesterday The Standard on Saturday established that Mr Lengoiboni had advised Prof Kaimenyi that whereas there were three commissioners at the commission who were discharging their duties they were of the opinion that the process of resubmission of fresh names as directed by the court be hastened by the Office of the President as the law requires for the constitution of the commissions.

In a brief to the Cabinet Secretary for a parliamentary question that had been filed before the House went on recess last month, the TSC secretary says with Parliament having rejected some names and approved others then fresh names from the shortlised ones should have been resubmitted.

“However in the event the National Assembly rejects all the nominees then fresh advertisement and short listing should be undertaken by the selection panel,” he said adding that in the event that all the names would have been approved only then would the selection panel have been dissolved.

Merit

Lengoiboni says the nomination process and subsequent appointment should be based on merit and must reflect regional, ethnic and gender balance and grant equal opportunity to persons with disabilities and marginalised communities.

“In light of the foregoing and the fact that the commission is currently discharging its functions with only three commissioners we hold the view that the process of resubmission of a fresh set of names as directed by court be expedited by the office of the President to finalise the constitution of the Commission as envisaged under the Constitution,” he added.

According to the TSC Act the selection panel shall stand dissolved only after the appointment of the chairperson and other members.

At the moment the commission is not properly constituted since it has no chairperson and five other members and neither the TSC Act nor the Constitution under article 250 on composition of commissions has the provision for an acting chairperson.