Judge tells President Uhuru Kenyatta to nominate Teachers Service Commission boss

What you need to know:

  • A Gazette Notice dated August 7, had earlier authorised Prof Mutahi’s panel to proceed with the selection.
  • The judge declared that the President had no mandate to set up the Prof Mutahi panel to lead the selection process.

The High Court on Friday ordered President Uhuru Kenyatta to nominate one person whose name has never been rejected by Parliament to chair the Teachers Service Commission.

Justice Isaac Lenaola quashed the mandate of the Prof Karega Mutahi-led panel to interview, select, shortlist and forward nominees to the President to chair the TSC.

A Gazette Notice dated August 7, had earlier authorised Prof Mutahi’s panel to proceed with the selection.

In the case filed by activist Wycliffe Nyakina, the judge declared that the President had no mandate to set up the Prof Mutahi panel to lead the selection process.

“The only option the President has in law is to nominate a person from among the names forwarded to him by the Dr Kamunge panel, excluding the name of Mr Kiragu Wa Magochi who has been rejected twice by the National Assembly,” ruled the judge.

According to Mr Nyakina, the appointment of Prof Mutahi, Prof George Godia, former Kenya National Union of Teachers (Knut) chairman Joseph Chirchir, Mr John Kipkorir, Ms Esther Muhanji and Ms Jean Njeri Muhoho, was illegal and the team could not proceed with the selection of the TSC Chair.

This is because an initial panel set up by President Mwai Kibaki, and chaired by Dr Kamunge has never been disbanded.