Hiring of TSC boss is blocked by court
What you need to know:
- Mr Nyakina’s lawyer, Mr Mutuma Kibanga, said if the six were allowed to proceed, it would be an extension of an illegality since an initial panel set up by the then President Mwai Kibaki and chaired by Mr Kiragu wa Magochi had not been disbanded.
- Through a gazette notice, President Kenyatta constituted the new panel to select and shortlist candidates for nomination to serve as chairperson.
The High Court Thursday stopped a selection panel from submitting names for the position of Teachers Service Commission chairperson to the President.
Mr Justice Isaac Lenaola ordered the panel, led by Prof Karega Mutahi, to suspend work on filling vacancies at the commission until he makes a ruling on August 29 in a case seeking to stop the appointments.
Mr Wycliffe Nyakina, who filed the suit, argued that the appointment of Prof Mutahi, Prof George Godia, former Kenya National Union of Teachers Chairman Joseph Chirchir, Mr John Kipkorir, Ms Esther Muhanji and Ms Jean Njeri Muhoho to the team was illegal, hence could not proceed with selecting the commission chairperson.
EXTENSION OF AN ILLEGALITY
Mr Nyakina’s lawyer, Mr Mutuma Kibanga, said if the six were allowed to proceed, it would be an extension of an illegality since an initial panel set up by the then President Mwai Kibaki and chaired by Mr Kiragu wa Magochi had not been disbanded.
Mr Kibaki had selected Dr James Kamunge as TSC chairman but the nominee was rejected by Parliament on October 1, 2013.
In his case against the selection panel and the Attorney-General, Mr Nyakina also maintained that the Constitution and the commission’s law had been violated since the six had advertised for applications.
Through a gazette notice, President Kenyatta constituted the new panel to select and shortlist candidates for nomination to serve as chairperson.
Mr Nyakina said Mr Kenyatta was required to merely submit a fresh name to the National Assembly, not to constitute another panel.
State lawyer Njoroge Mwaura yesterday defended the selection panel on advertising the posts, saying it had acted within the law.
