Proposed reforms and what they mean for the education sector

Leadership crisis due to lack of head teachers in primary and secondary schools has had a huge impact on quality teaching. There is low morale and productivity among teachers, which in some cases has crippled learning in the affected institutions. TSC readily admits that some tutors who have attained qualifications of head teachers, but still serve as classroom teachers.

The biting teacher shortfall is occurring when the government is rolling out critical reforms in the education sector, including the implementation of CBC, enhanced learners' enrolment and implementation of the 100 per cent transition policy.

The Presidential Working Party on Education Reforms findings indicate that public primary schools have 223,296 teachers, but need up to 267,792 teachers. This means there is a deficit of 44,496 teachers. It further reveals that there are some 9,246 secondary schools in the country with a total of 123,985 teachers, yet they need 182,566. This means the institutions suffer a shortfall of 58,581 teachers.

TSC puts the teacher shortage at 111,870 tutors. It is on this basis that the commission requested an additional Sh78 billion to hire more teachers in the next five. All in all, it should be noted that the shortfall of teachers has been occasioned by an increase in the number of learners in basic education, 100 per cent transition policy and free day secondary education.

The TSC as established under Article 237(1) of the Constitution is mandated to register, recruit and employ registered teachers. The Commission also assigns teachers to public schools, promotes, transfers, deploys, disciplines teachers and terminate their employment, among other roles and responsibilities outlined in the Constitution. Currently TSC is the employer and regulator. Under the proposed changes the Commission will lose this mandate following the establishment of regulatory body; Kenya Professional Teaching Standards.

The Commission quality assures its functions, programmes and other teachers' activities. This role will be surrendered to the Directorate of Quality Assurance and Standards in the Ministry of Education. School heads are answerable to TSC, but under the proposed changes, they will be answerable to the Ministry of Education.

TSC handles retraining of CBC teachers. This function has been assigned to the Ministry of Education. The Commission handles transfers and deployment but according to the proposals by the Presidential Working Party, TSC will have to consult the ministry before any transfer or deployment is made. The Commission procures health insurance scheme for teachers and secretariat staff. The ministry will now be involved in the procurement process if the proposals are effected.

TSC handles teachers' disciplinary/appeal matters. The proposals call for the creation of Education Appeal Tribunal to handle disciplinary matters. The Commission exclusively handles teacher promotions; TSC will now consult the ministry before any promotions are effected. Teacher Professional Development has been a function of TSC. The Commission will relinquish this function to Ministry of Education which will take over TPD and Career Progression of teachers in entirety.

The Commission, however, has to work in close collaboration with line-government departments and agencies to realise its mission, vision and core values.

Thousands of non-graduate primary school head teachers will be demoted if proposals of the Presidential Working Party on Education Reforms are implemented. Under the proposed guidelines, head teachers of primary schools hosting Junior Secondary School (JSS) must be university graduates. Head teachers who will not qualify for headship of comprehensive schools will be demoted.

The Proposals by the Presidential Working Party that non-graduate head teachers should be demoted are in total disregard of the statutory provisions in the Career Progression Guidelines (CPG). CPG were developed to guide the career growth of teachers employed by TSC. CPG are to guide the recruitment, retention, development, training and promotion of teachers to ensure they meet the set standards.

CPG replaced the three Schemes of Service for the Teaching Service (2005) hence, are legal documents which cannot be wished away by proposals as they are an integral part of the Code of Regulations for Teachers which is enshrined in the TSC Act (2012).