NAIROBI: Education Cabinet Secretary Jacob Kaimenyi has defended the gazettement of the controversial Basic Education Regulations 2014, arguing they do not give him powers to discipline head teachers.
The regulations, he explained, only allow him to hold the school administrators accountable for the use of funds allocated to the institutions. He said only the Teachers Service Commission (TSC) had the mandate to discipline teachers.
"The only thing I have done is made the head teachers the accounting officers in their institutions because the transparency and accountability we have been talking about should also apply to the head teachers," Prof Kaimenyi explained.
The CS made the clarification yesterday even as the Kenya National Union of Teachers (Knut) called on him to resign for allegedly causing 'anarchy' in the education sector. Knut has already asked heads of schools to cease any engagement with the Ministry of Education until the newly gazetted regulations are revoked.
In a statement to media houses, Knut Secretary General Wilson Sossion also accused Kaimenyi of disregarding advice by the Commission for the Implementation of the Constitution (CIC) not to gazette the Basic Education Regulations.
"The decision by the Cabinet Secretary to unilaterally gazette the Basic Education Regulations against advice and warning from CIC is a confirmation of the Cabinet secretary's arrogance," he said.
He said the union had also asked Kaimenyi to revoke the School Fees Guidelines, adding that the CS would be responsible for any chaos arising from the gazette notices.
GREATER GOOD
Tuesday, Kaimenyi said publication of the regulations was for the greater good of the education sector and did not contravene the Constitution. He said a consultative meeting of all relevant stakeholders was held last week before the announcement of the regulations.
"Teachers have a right to react to the new regulations, but they need to understand that to be the head of an institution, one has to accept to be held accountable," he said.
On Monday, Kenya Union of Post Primary Education Teachers (Kuppet) threatened to call a strike when the schools reopen in May if the CS does not revoke the Kenya Gazette notice.
"We are giving him seven days to retract the gazette notice failure to which we will direct all our members to stay out of schools when they open in May," threatened Kuppet Secretary General Akelo Misori.
Meanwhile, TSC has dismissed the regulations and asked teachers not to panic. TSC Secretary Gabriel Lengoiboni said Article 237 of the Constitution clearly spelled out the functions of TSC, which include assigning teachers duties and being in charge of their discipline.
He said he had written to the Attorney General, CIC, the Kenya Law Review and Kaimenyi requesting an urgent meeting to discuss the matter.
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