Ministry snubs TSC meeting to review law as turf war intensify
Ministry snubs TSC meeting to review law as turf war intensify
Following the Ministry of Education’s rejection of a meeting called by the teachers’ employer to review the Teachers Service (TSC) Act, a struggle for control over 364,000 teachers broke out on Wednesday. The absence of any official from the parent ministry under the leadership of Education Cabinet Secretary Ezekiel Machogu indicated a growing rivalry between Jogoo House and the Teachers Service Commission (TSC). A few of the interested parties mocked the ministry for missing the important meeting to discuss the planned changes to the legislation pertaining to teaching.
This laid bare the deepening rift between the ministry, responsible for setting education policy, and the TSC, tasked with managing teachers.The ministry skipped the meeting held at Kenya School of Government, with no explanation or apology offered.
Janet Ouko, representing the Tunza Mtoto Coalition, termed the ministry’s absence “shameful,” highlighting the lack of collaboration and potential negative impact on the education sector.’I must say it is shameful that their is no representative from the Ministry of Education here as we discuss such a crucial document. TSC is the child to the ministry and they ought to be here,’ Muthoni said.
A growing amount of friction has been building up in recent months, stoked by plans to change the TSC Act 2012 and possibly give the commission more authority.The TSC Amendment Bill 2024, which outlines the proposed amendments, gives the TSC regulatory authority over teachers and oversight over their CPD (continuous professional development).
Although some interested parties believe this is a good move toward professionalizing the teaching staff, others worry that TSC will become overly centralized in terms of power.
Joining the Kenya National Union of Teachers (Knut) in their boycott of the conference, the ministry referred to the plans as “punitive” and the comment time as “short notice.”Nonetheless, the meeting was attended by the Kenya Union of Post-Primary Education Teachers (Kuppet).
Kuppet National Chairman Omboko Milemba argued that the TSC, already empowered since 2012 when the outgoing Act came to force, should focus on improving service delivery instead of seeking additional power.Milemba said from their review, the proposals border an attempt by the employer to consolidate more powers.
Kuppet’s reservations, Milemba said, include, the contentious proposal to give the TSC regulatory powers over teachers and control over CPD.He argued that there is need for separation of powers so that the employer concentrates with staffing and teacher’s welfare as another entity handles regulatory mandate.Milemba urged TSC to allow for a wholesome stakeholder engagement in the formulation of the regulator role.
He also called for rethinking of continuous training of teachers.On the other hand, Kuppet Secretary General Akello Misori took note of the silence on union involvement in salary negotiation.He said that the proposal diregards unions right entrenched in the Constitution to negotiate on behalf of their members.
The TSC proposal wants the employer to have the powers to determine teachers salaries in accordance with article 237 of the Constitution that gives Salaries and Remuneration Commission advisory role on civil servants.“
Article 41 of the Constitution is where we derive our powers but TSC has only mentioned article 237 of the Constitution in their proposal, so what is the role of Collective Bargaining Agreements?” Misori posed.
He questioned the documents silence on who will bear the cost of the CPD development programmes.
TSC had proposed that the programmes be under their purview which is also in contradiction of the presidential working party on education reforms.The working party in its recommendation recommended for establishment of the Kenya School of Teacher and Education Management (KeSTEM) which will coordinate professional training to teachers; the entity would be under the Ministry of Education.
“Who is going to finance the professional development courses, we need to know that because this has been a contentious issue since it was adopted,” Misori said.Teacher disciplinary process took center stage in the Wednesday meeting, with various stakeholders fingering TSC’s processes.
Misori said that top among the contentious proposals is the plan for TSCKenya Union of Special Needs Education Teachers (KUSNET) Secretary General James Torome however supported the proposals but called on TSC to include special needs institutions in the list of basic education.On the other hand, school heads through their representatives termed the document timely as they pulled support.
Kenya Secondary Schools Heads Association acting Chairman Willie Kuria, opposed plans to have the continuous development of teachers handled by another entity.”If the training is not handled by the employer it will be handled by a third party and this could come with a lot of gaps,” Kuria said.
Kenya Primary School Heads Association National Chairman Johnson Nzioka called for provision of a reward system for exemplary teachers in the Act.”We can see a long list of offenses that teachers if they commit would find themselves in trouble, why can’t we have the same for the opposite. Develop a reward system for high performers,” Nzioka said.
Benter Opande, the secretary general of the Kenya Women Teachers Association, urged the panel to review the teaching standards and cautioned that leaving stakeholders out could result in bias.She also requested that the TSC give a second thought to the disciplinary measures included in the amendment bill and permit union representatives to meet with a teacher who is being disciplined.
“We are of the opinion that some of the punishments on the offenses listed are too harsh, we propose for a review on punishment and fines on offenses under the Act,” he stated.
