Commission says TSC has no role in the running of schools

What you need to know:

  • The commission said that there is need to differentiate between the standards of education and training of persons entering the teaching service.
  • The Commission also wants the AG to postpone the publication of the draft Code of Regulation of Teachers 2014.

The Teachers Service Commission (TSC) has no mandate in quality assurance and management of schools, the Commission for the Implementation of the Constitution has said.

CIC, in an advisory to the Attorney-General dated September 10 and titled legal interpretation and advise on the conflicting function of the ministry of education, science and technology and its agencies, said TSC was involving itself in functions that they have no role in.

The advisory was signed by CIC Vice-Chairperson Dr Elizabeth Muli and copied to Education Secretary Prof Jacob Kaimenyi and TSC.

According to Article 237(3)(a) of the Constitution, TSC shall review the standards of education and training of persons entering the teaching service.

“TSC may only check a teacher’s quality status as part of its research to inform what needs to be done to improve teachers’ standards through training and to inform what they need to put as requirements for one to qualify to be a teacher,” said the CIC.

The commission said that there is need to differentiate between the standards of education and training of persons entering the teaching service as contained in Article 237 of the Constitution, and the teaching standards referred to in section 35(1) of the TSC Act, 2012.

“It is in our view that section 35(1) of the TSC Act, 2012 which requires the commission to take necessary steps to ensure that persons in the teaching service comply with the teaching standards prescribed by the Constitution is unconstitutional,” said CIC.

The commission said this role is the preserve of the national government.

“TSC may research on how else they may improve a teacher’s standard by focusing on the individual while the national government focuses on the institutions which include teachers,” said CIC.

REVIEW DRAFT

The Commission also wants the AG to postpone the publication of the draft Code of Regulation of Teachers 2014 until the final draft is submitted to CIC for review.

In the regulations, TSC has proposed the posting of a quality assurance and standards officer at the county, sub-county and zonal level, whom they say will maintain standards.

According to TSC, the said officer will have powers to visit any educational institution to ensure teaching standards are being met as well as summon and interview teachers and any other person to provide information on matters relating to standards assessment.

Kenya Union of Post Primary education teachers secretary general Akelo Misori said that the quality assurance in schools in the mandate of education ministry.

However, he said that it is hard for the ministry to ensure quality when the workers are employees of an independent commission.

“The ministry and TSC need to work together and address this problem,” said Mr Misori.

CIC has also requested the AG to provide an opinion on the role of TSC in providing capacity building and assessments in relation to its mandate under Article 237 of the Constitution.

“The national government will develop programmes and curricula for teachers education and training to be implemented by tertiary and other institutions of higher learning  which have been approved by the national government to undertake such functions,” said CIC.