Bill to help school principals

Mandera South MP, Abdul Haro. [File, Standard]

A bill seeking to have a clear and structured framework on how long a principal or headteacher should serve in an acting capacity before they are confirmed was yesterday read for a second time in the National Assembly.

A majority of the MPs supported the Teachers Service Commission (TSC) (Amendment) Bill, National Assembly Bill No 27 of 2024, sponsored by Mandera South Mp, Abdul Haro, saying it is timely and should correct unfairness that some of the administrators have been subjected to over time.

Haro said statistics indicate that more than 3,300 Heads and Deputy head teachers of schools are serving in an acting capacity, while other estimates by teachers’ unions indicate that up to or about 99,000 might be acting in various capacities.

He stated that this is a significant backlog in an acting position, which has created a leadership crisis in schools, making succession planning a big headache for stakeholders.

“Some of these administrators of schools have been made to act for a very long period, some two while others three years, and when positions come for substantial filling, adverts are made and sometimes, somebody is recruited in that position as substantive head teacher or deputy, by-passing a person who has been acting for two or three years,” Haro explained.

Also of concern to Haro is that the administrators, while in an acting capacity, do not enjoy any acting or special duty allowance because of the way their contracts have been designed.

“Without compensation, it discourages retention and weakens succession planning in school leadership and it is as a result of this that this bill seeks to formalize and entrench fairness in acting appointments to be made in a structured manner and streamline allowances that go with it,” Haro.

Similarly, he said the bill defines the period of acting to at least six months after which the position could be filled substantially either by the acting administrator or by whatever mechanisms that pick someone else.

The Bill also provides for qualification and remuneration for appointment in an acting capacity, as well as prohibits appointing the school administrators to more than one position.

He was seconded by Nominated Mp, Dorothy Muthoni, who cited the amendment of the Bill as crucial, saying it seeks to bring to a stop what she described as unfair administrative practices and protection of teachers serving in an acting capacity.

“We have practices where administrators have been subjected to a lot of anxiety, torture and torment when given responsibilities and told to act and in that capacity, they are responsible for the day-to-day running of the institution, but they keep waiting, agonising without knowing their fate. This bill seeks to have a clear direction on how long a principal or headteacher should act before being confirmed,” Muthoni explained.

She said there will also be a statutory framework to govern acting appointments, and as they serve for six months, they should be paid acting allowances.

According to Muthoni, the allowances should not be at the discretion of TSC but documented so that teachers can be safeguarded from exploitation, even as she noted that Salaries and Remuneration Commission (SRC) should be involved in consultations for purposes of accountability and transparency.

“The allowances to be paid to teacher administrators should be properly negotiated. It is the responsibility of the employer to ensure arrangements are in place, proper remuneration is documented, so that these teachers can be paid allowance before moving to the next station. There should be improvement of teachers' morale and service delivery,” Muthoni insisted.

Minority Whip in the National Assembly, Millie Odhiambo, supported the amendment, saying the practice all over is that when someone is in an acting capacity, they should be given the benefits of a substantive office holder.

“This is the issue we have been dealing with administratively, but sometimes, agencies supposed to deal with such issues do not deal with such issues. It forces us, as legislators, to legislate when people are not doing their mandate,” Odhiambo stated.