TSC escalates war with ministry in push for more powers

TSC escalates war with ministry in push for more powers

TSC escalates war with ministry in push for more powers

The Teachers Service Commission (TSC) is putting up proposals to change its governing law, which would give it much more authority and possibly intensify its conflict with the Ministry of Education.

The Teachers Service Commission (TSC) is proposing to change the Teachers Service Commission Act, the primary legislation governing teacher employers, in order to provide the TSC further regulatory authority over educators and control over their continuing professional development (CPD).

The proposed amendment states that “the commission shall have power to review any of its decision on its own motion and regulate its own practice and procedure in the performance of its functions and the exercise of its powers.”

The suggestions of the Presidential Working Party on Education Reforms, which advocated for transferring these duties from the TSC to a new organization named the Kenya Professional Teaching Standards (KePTS), are squarely at odds with this.The relationship with the Ministry might be strained by the proposal.In order to ensure professional teaching standards, the TSC’s mandate would be expanded.

However, the TSC’s push would lead to duplication of duties should the amendment to the law get a green light and the proposals by the presidential working party sail through.Last week, TSC chief executive Nancy Macharia, called on the public to submit their input on the proposed change in law.

In the Notice, seen by the Standard, Dr Macharia said the changes are necessary to align the law with the relevant national policy and legislative changes that have taken place since its enactment 12 years ago. “Pursuant to Article 10 of the Constitution, the Commission hereby invites stakeholders and members of the public to submit written memoranda on the proposed amendments to the TSC Act,” the notice reads.

The public can provide feedback on the suggested revisions until February 15 at 5 p.m. They must send a letter to the TSC Secretary.Additionally, the proposed change aims to keep the TSC’s authority to train teachers who are currently employed.The TSC Amendment Bill gives the commission the authority to go on offering training and capacity-building initiatives to raise teachers’ levels of professional competence.

The amendment also states that teachers will be required to continue taking continuous professional development and acquire a practising certificate.

However, the Presidential Working Party on Education Reforms had proposed that this mandate be transferred to the Ministry of Education.

The team recommended the establishment of the Kenya School of Teacher and Education Management (KeSTEM) which will coordinate professional training of teachers; the entity would be under the Ministry of Education.“Additionally, KeSTEM will take over and offer Continous Professional Development in the following teacher training colleges: Kigari, Shanzu, Garissa, Asumbi, Muran’ga, Mosoriot, Narok and Machakos,” the Presidential Working Party report reads.

And in what could spell doom for thousands of teachers facing disciplinary action, TSC further seeks powers to take action on matters relating to the character and conduct of a person without the burden of strict rules of evidence.“In the performance of its functions, and the exercise of its powers, the commission shall have powers to establish, designate and appoint institutions for capacity building and the professional development of its employees,” reads the Presidential Working Party report.

The suggested modifications are being made against the backdrop of tensions  between the TSC and the Ministry of Education, which have resulted in several  exchanges over various issues related to education. The most recent was a dispute over TSC’s decision to remove all teachers from  St. Gabriel Isongo Secondary Schools following the principal’s ejection due to the  school’s subpar 2023 KCSE results. Cabinet Secretary for Education Ezekiel Machagu chastised TSC, stating that all  decisions taken in educational institutions ought to “place the interest of the child  first.” Additional modifications Regarding the appointment of the commission’s top leadership, TSC is looking for  input.

The amendment provides that at least two-thirds of those sitting at the helm of TSC are teachers, educators or have experience in education.“In nominating and appointing members of the Commission, the President shall ensure that two-thirds of the members have knowledge, skills and experience in education,” reads the amendment.

For the appointment of the TSC Chairperson, the changes dictate that the President within 14 days of a vacancy in that office appoint a selection panel to recruit a suitable candidate.The selection panel will then consider applications, shortlist the applicants and publish the names in two newspapers of wider circulation and interview the candidates.

After reviewing the applications, the selection panel will interview the candidates, shortlist them, and publish their names in two widely read publications.After the interviews are over, the panel will send the President the names of the three selected candidates and three more names to be considered for the commission.

Following receipt of the names, the President will have seven days to designate a candidate for the position of commission chair and members and submit the names to Parliament for approval.