MPs: fault Ruto's education reforms, term implementation illegal

"Recommendations such as these that have the force of law cannot be effected without the involvement of Parliament under article 94 (5) of the Constitution of Kenya, 2010. As it stands, there is crisis in the education sector where certain education organs that existed pre-2010 are hastily seeking to seize power that will see them perform certain functions envisaged by the recommendations," said Milemba.

Milemba highlighted seven recommendations that he said violate the law. They include the Education ministry's proposed role of reviewing entry grades for pre-service teachers which he said jeopardises the legal mandate of TSC. He also faulted a recommendation to have the ministry establish "a comprehensive school system where all levels of learning are managed as one institution", arguing it required a constitutional amendment. Further was the plan to have the ministry staff special needs education institutions as well as the admission requirements for Bachelor of Education students, a role he said was reserved for university senates.

The move sets up a potential confrontation between the MPs and President William Ruto, who has been keen to have the Munavu recommendations in place to guide the implementation of the competency-based curriculum.

Wetang'ula directed Majority Leader Kimani Ichung'wah to seek out a statement from Education Cabinet Secretary Ezekiel Machogu, to be tabled in the House in two weeks.

He agreed with the overarching sentiment by MPs who said the recommendations must be approved by Parliament before their implementation.

"Nobody, including cabinet secretaries, can purport to make law or do things that can be interpreted that they have made law, because they have no capacity to make law," said Wetang'ula. Ichung'wah said he would seek to have the operalisation halted as the National Assembly queries the matter.

Rarieda MP Otiende Amollo faulted the setting up of an implementation committee in disregard of the law. Amolo emphasized that recommendations remain as such until they are translated into bills or regulations and presented to the House for deliberation.

He stressed the importance of not allowing recommendations to take on the force of law without proper procedures.