It’s our job to manage teachers, asserts TSC

The Teachers’ Service Commission (TSC) has moved to assert its independence in the management of teachers’ affairs following its elevation to a constitutional body.

In what appears to be a tug-of-war between the commission and its parent ministry (Education) over the management of the teaching force in the country, TSC boss Gabriel Lengoiboni has written to the ministry and its directorates drawing their attention to the new reality.

In a letter to Education PS James ole Kiyiapi and copied to the minister Prof Sam Ongeri and heads of directorates, Mr Lengoiboni states that TSC will have the final word in any matter regarding management of teachers.

Prof Kiyiapi had written to Mr Lengoiboni earlier asking that consultations between the ministry and TSC be made regarding deployment and appointment of principals and other heads of public schools and colleges in the country.

“Please note that the Commission now derives its mandate from the Constitution of Kenya which grants it power to assign teachers employed in public schools or institutions,” replied Mr Lengoiboni in the letter.

Further, the TSC boss said the commission has been granted autonomy by the Constitution in terms of decision-making and exercise of discretion.
The letter has also been copied to acting minister for Higher Education Hellen Sambili and Prof Crispus Kiamba, the PS in the ministry.

Provincial, district and municipal education officers have also been asked to observe the new order.
Final decision

“It should be noted that as much as we welcome consultations regarding deployment and appointment of teachers, the final decision lies with the Commission,” Mr Lengoiboni told the officials.

Following this development, education secretary George Godia wrote to the task force reviewing the education system to conform with the Constitution and capture the relationship between TSC and related agencies including the parent ministries.

Contacted by the Sunday Nation, Prof Kiyiapi said, “TSC should recognise the Education ministry as its parent ministry just like the Public Service Commission recognises the Public Service ministry”.

Does not stipulate

The PS added that the constitutional provisions concerning the TSC’s autonomy were inadequate, arguing that the Constitution does not stipulate how it will relate with partner ministries. “We hope that the TSC Bill being worked on will address such gaps,” he said.

Mr Lengoiboni told Prof Kiyiapi that TSC appreciates the role of the ministry “as a major stakeholder in teacher management issues and hence is open to consultations”.

The TSC has sent its legal team assisted by Kenya Law Reform Commission on a retreat in Mombasa to polish a Bill that will entrench the commission as a constitutional body.

“The commission will at all times adhere to the policy guidelines, and to that end, discharge its mandate in a procedural manner and in accordance with the law,” Mr Lengoiboni said.

Chapter 15 of the Constitution has mandated TSC to review standards of education, train persons entering the teaching service and advise the government on matters of the profession.