Parents body says it will sue State over TSC jobs

By MARTIN MUTUA

Nairobi, KENYA: The saga surrounding the formation of the Teachers Service Commission has deepened after a parents body warned it would take the Government to court in the next seven days for allegedly violating the Constitution

Kenya National Association of Parents said it will be moving to the Constitutional Court to seek compensation  amounting to Sh7 billion for teachers who have been interdicted in the last 18 months as the TSC is not properly constituted.

“We shall therefore be seeking orders to declare all decisions, contracts, resolutions and any other action that TSC has taken over the last two years to be illegal, null and void,” he added.

In a letter to Attorney General Githu Muigai, KNAC Secretary General Musau Ndunda accused the Government of violating section 9 of the TSC Act by allowing the commission secretary to execute decisions and resolutions of the commission for the last two years when the holder of that office has never taken oath of office before the Chief Justice.

“The Government has allowed TSC to violate Section 15(1) of the Act by allowing the current three commissioners to conduct the business and affairs of the commission, when the Act is quite clear that, the quorum of any business meeting shall be either 4 or 5 members,” he added.

Ndunda noted that the Government had allowed TSC to issue certificate of registration and affixing the seal of the commission on all registration certificates to teachers and yet Section 19(2) of the Act expressly states that the affixing of the seal shall be authenticated by the chairperson and the secretary.

The KNAC official  pointed out that to date the commission does not have a chairperson and secretary sworn in as per Section 9 of the Act.

INDEFINITE INTERDICTIONS

Ndunda told the AG that the Government has allowed TSC to violate Section 47 of the Act by failing to develop statutory regulations relating to management and administration of those in the teaching service by subjecting over 2000 teachers to an indefinite interdiction and suspension for the last 18 months.

“The Government has allowed TSC to continue functioning for the last two years without complete membership of the commission as provided for under Section 5(1) of the Act,” he added.

He also pointed out that the Government had also violated the Constitution by failing to reconstitute the original panel to conclude the appointment of the chairperson and members.

He siad that Government had also allowed TSC to violate article 254 of the Constitution by failing to compel them to submit to the President and Parliament their management report for the financial year ending June 30, 2013.

Early this year, Uhuru’s Chief of Staff and Head of Public Service  Joseph Kinyua  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 to fill the positions of chairperson and five other commissioners.

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