Knut wades into ministry, Teachers Service commission row

Kenya National Union of Teachers (Knut) has joined the debate on the raging row between the Ministry of Education and teachers’ employer on conflicting constitutional functions.

Knut has faulted the legal interpretation fronted by a Government agency on the ‘clashing’ functions performed by the Teachers Service commission (TSC) and the ministry.

In a letter to the Commission for the Implementation of the Constitution (CIC), Knut accuses the commission of ‘outright lies’ and ‘misleading’ interpretations of various sections of the Constitution that form TSC’s core functions.

The union now wants CIC to convene a stakeholders’ forum to discuss and iron out the sticky issues in law that ‘purportedly conflict’ between the ministry and TSC.

Knut Secretary General Wilson Sossion says the management of quality assurance and standards, capacity building, registration and recruitment of nursery teachers and all matters of teachers’ discipline are constitutional functions of TSC.

Distinct mandates

Sossion also says in a letter dated October 24 that there should be no conflicting roles between the ministry and TSC county directors.

“The mandates of such officers are distinct. However, they need to complement each other but work within their respective legal mandates,” read the letter also copied to Education Cabinet Secretary Jacob Kaimenyi and his Permanent Secretary Belio Kipsang. National Education Board Chair Erustus Kiungu and the Attorney General also have copies.

The Standard exclusively reported last week how TSC is fighting to maintain its independence as relevant arms of the Government unite to contest its core function of teachers’ management.

The advisory note by CIC, which Knut is now contesting, wants various sections of the TSC Act amended to open up control of teachers to the Ministry of Education’s senior officials. CIC argues the Constitution gives the Government, through the ministry responsibility over schools yet teachers and principals are employed by TSC.