Attorney General 'neutral' in row over nursery tutors

Kenya:  Attorney General Githu Muigai has declined to side with either county governments or the teachers' employer in their row over recruitment of nursery school teachers.

Prof Muigai asked the court to enter a neutral finding on the employment tussle for pre-primary school teachers between the Teachers Service Commission (TSC) and county governments.

The AG asked the court to rule that employing Early Childhood Education teachers was neither an exclusive mandate of the TSC nor that of county governments.

In his submission filed before Justice Isaac Lenaola, Githu said ECDE teachers' employment should be conducted by both TSC and the counties.

"A finding by the court that either party has the exclusive mandate will render the Constitution otiose," he said, adding that both TSC and county governments had a mandate in promoting education as enshrined in the fourth schedule and the commission's Act.

In the case where Education Cabinet Secretary Joseph Kaimenyi is a respondent, TSC maintains that it was the only body meant to employ ECDE teachers.

In support of the Kenyan National Union of Teacher's case, TSC claims county governments lack the constitutional mandate to carry out the role.

Some of the counties that had filed their responses argue that they did not have a problem with TSC hiring pre-primary teachers but raised concerns over the situation in the facilities due to lack of teachers

The counties told the court that TSC can carry out recruitment while counties can develop institutions for study.

Muigai was of the view that the court should instead order both TSC and counties to settle the matter amicably.

"This petition is formed by a difference of opinion between two levels of government as contemplated in the Intergovernmental Relations Act," the AG argued, adding that neither party had pursued any alternative dispute resolution mechanism before filing the case.

The parties will highlight their submissions on June 3.