Kinyua kicks up fresh row over vacant TSC position

By Martin Mutua

NAIROBI,KENYA: President Uhuru Kenyatta is staring at another controversy over the nomination of the chairperson and members of the Teachers Service Commission (TSC).  Questions are being raised over whether the Head of State has again been misled.

Kenyatta’s Chief of Staff and Head of Public Service Joseph Kinyua has kicked up a storm after he wrote to various stakeholders seeking to have them nominate members to form a new panel to carry out fresh interviews for the positions.

In a letter seen by The Standard on Saturday, Kinyua has written to Kenya National Union of Teachers, Kenya Union of Post-Primary Education Teachers among others 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 Mr Kinyua in one of the letters to unions.

“As detailed in the Teachers Services Act, 2012, section 8 (2)(f), I kindly request you to nominate two persons, a man and a woman of which one will be appointed to represent the Kenya Union of Post Primary Education Teachers in the selection panel.”

However, an advocate of the High Court, Mr Mwenda Kinyua, has written to Attorney General Githu Muigai to stop the move by Kenyatta’s chief of staff terming it illegal and unconstitutional, failure to which he will move to court to contest the process.

“Our client is ready to move to Court to challenge the constitution of another selection panel, if at all one is constituted, and seek redress to protect the rule of law,” added lawyers for Mwenda.

Kenya Institute of Curriculum Development Director Lydia Nzomo has topped in all the interviews carried for the chairperson of the commission but her name has never been forwarded to Parliament for approval.

Powerful individuals around the President have instead fronted other nominees whose names have been rejected by Parliament.

Mwenda in the letter copied to Kinyua, Education Cabinet Secretary Jacob Kaimenyi, TSC Secretary Gabriel Lengoiboni among others says the president has no business forming another panel but has a legal mandate to pick fresh names from the shortlisted list.

“Now, by virtue of the rejection by the National Assembly of the first list in the new exercise by the panel, Section 8 (11) of the Act should come into play; the President to submit fresh nominations from amongst the persons shortlisted and forwarded by the selection panel under subsection (6),” adds Mwenda in his letter to the AG.

The lawyer further states that the President has not discharged the legal duty imposed on him by the quoted Section 8(11) of the Act.

“The latest list submitted to the President contains names of persons eligible for appointment, who have not been rejected by the National Assembly, and who have legitimate constitutional expectations rooted in Articles 10, 19, 20, 27 as read together with Articles 232(1) of the Constitution of Kenya,” he added.