TSC ordered to register all ECDE teachers recruited by counties

The Teachers Service Commission (TSC) has been ordered to register all nursery school teachers recruited by county governments.

The directive by High Court Judge Edward Muriithi ends a two-year long standoff between the TSC and the county governments on who has the mandate on matters to do with hiring of Early Childhood Education Teachers (ECDE).

The Kenya National Union of Teachers (Knut) had moved to court in 2014 protesting the action of several county governments of directly employing ECDE teachers yet the role of recruiting is a function of TSC.

And the union’s National Delegate’s Conference has now demanded that TSC acts as directed by the Court.

Speaking during the Annual Delegates Conference, Knut Secretary General Wilson Sossion said that there are currently over 110, 000 ECDE teachers already employed by county governments, churches, NGOs and private individuals who are not members of the union.

“We urge the TSC to urgently develop a scheme of service of ECDE and register qualified nursery teachers as directed by the High Court,” said Mr Sossion.

Knut sued the Education Cabinet Secretary, TSC and the Attorney General while claiming that TSC’s mandate had been snatched away by county governments contrary to the TSC Act.

But the judge, in his ruling, absolved county governments from any blame saying that they indeed have the power to recruit ECDE teachers.

“County Governments have the specific mandate in all aspect of pre-primary education save for registration of teachers which is a function solely reposited in TSC,” Justice Muriithi said.

On the other hand, the judge said that the county governments or county education board have no power to register trained teachers while insisting that TSC as the only body mandated with that function.

“I have stated that ECDE teachers recruited by County Governments prior to this decision would require that TSC, working with their employer, should regularize their appointment within the law,” he ruled.

When Knut moved to court, the High Court temporary halted the county governments from hiring nursery school teachers.

The Court had been told that county administration had advertised for those positions, made appointments independently and went ahead to post nursery school teachers to various centres.

The judge dismissed claims that the suit ignited a legal battle between the two levels of government.

According to Mr Sossion, the large number of teachers who are not part of the Union pose a threat to the bargaining power of enhancing the welfare of teachers as well as advocating professionalism and development in education.

Out of 300,000 teachers employed by TSC and are working in public schools, only 203,000 are members of Knut as of August 2015.