House queries Kaimenyi rules

The legality of controversial new regulations published by Education Cabinet Secretary Jacob Kaimenyi that seek to place headteachers under his control were questioned by Members of Parliament on Wednesday.

The MPs on Wednesday said the regulations are unconstitutional as they had not been scrutinised by the National Assembly.

Kigumo MP Jamleck Kamau drew the House’s attention to the matter when he asked Deputy Speaker Joyce Laboso if the regulations had been tabled as stipulated by law.

The lawmaker asked Dr Laboso to verify whether the Committee on Delegated Legislation had scrutinised the regulations and what MPs can do to rectify any mistakes.

Education Committee chairperson Sabina Chege said the seven-day deadline for submission of the regulations to Parliament passed on Tuesday.

“I’ll hope this House acts fast because we would not want a strike to disrupt our children’s education in the second term,” she said.

“Listening to the tone of the Cabinet Secretary, I don’t think he is helping much,” she said as she asked Dr Laboso for direction.

Mr Kamau’s inquiry also provoked questions about regulations on the Equalisation Fund and police recruitment.

The Delegated Legislation Committee is required to scrutinise regulations and recommend the annulment of a part or all of them.

STRENGTH OF LAW

Because only parliament makes laws, all regulations made on the strength of law are required to be examined by MPs.

Mr Chris Wamalwa (Kiminini, Ford-Kenya) said the involvement of the House would have avoided the confrontation with teachers’ unions and the threats of strikes.

“We don’t want this confrontational leadership style so it would be nice if the professor can move with speed and the regulations are brought to this House for debate,” said Mr Wamalwa.

He accused Prof Kaimenyi of attempting to take over the powers of the Teachers’ Service Commission in the management of schools through headteachers and principals.

“We don’t know where he is getting the powers to try and get the head teachers or principals to report directly to him,” said Mr Wamalwa.

Mr Wamalwa said despite an announcement by the National Police Service Commission that the recruitment of police officers would start on April 20, the House was yet to hear from the Committee on Delegated Legislation whether this was constitutional.

Administration and National Security Committee chairman Asman Kamama said the regulations on police recruitment had been scrutinised by the committee and were published last Friday.

Mr Justice Kemei (Sigowet-Soin, URP) said Cabinet secretaries appeared to be oblivious of the new dispensation that does not allow them to publish regulations before they are scrutinised by the House.

Mr Jared Opiyo (Awendo, Ford-Kenya) accused the Education Cabinet secretary, who he said was an extension of the Executive, of taking Parliament for granted.

Mr Peter Kaluma (Homa Bay Town, ODM) urged Cabinet and Principal secretaries to read the Statutory Instruments Act “to avoid situations where we are ruled by Executive fiat.”

Dr Laboso directed the Delegated Legislation Committee to make a statement to the House on the status of regulations dealing with the police recruitment and the ones published by Prof Kaimenyi.