Nairobi, Kenya: Teachers will not report to work when schools reopen next month if the Education Cabinet Secretary does not retract the gazette notice giving the ministry more powers over head teachers.
Kenya Union of Post Primary Education Teachers (Kuppet) warned Jacob Kaimenyi of dire consequences if he does not de-gazette the new regulations and hold meaningful talks with all the stakeholders.
Kuppet Secretary General Akello Misori accused Prof Kaimenyi of running the Education Ministry like a personal 'kiosk' (small shop) with blatant disregard for the Constitution.
He said teachers are employees of the Teachers Service Commission (TSC) and not the Ministry of Education and they will resist regulations aimed at creating two centres of employment.
"We are giving him seven days to retract the gazette notice, failure to which, we will direct all our members to stay out of schools when they open in May," said Mr Misori.
The Union said it is unfortunate that Kaimenyi blatantly ignored the advice of the Commission for the Implementation of the Constitution (CIC) and went ahead to gazette the basic education regulations without proper consultation with relevant stakeholders.
And should Kuppet make good their threat, the education sector could be plunged into another crisis with learners staying out of school due to teachers strike.
Under the regulations to implement the Basic Education Act, the Education Cabinet Secretary will now have powers to sack primary or secondary school head teachers over improprieties, a provision Kuppet argues encroaches on TSC's mandate.
"The Constitution under article 237 outlines the functions of TSC which includes registering, hiring, promoting and transferring teachers. What the CS is doing is unconstitutional and will only be implemented under our dead bodies," said Misori.
Kuppet Chairman Omboko Milemba said Kaimenyi ignored CIC's advice.
"Any purported publication of the proposed regulations before CIC, the Attorney General and the Kenya Law Reform Commission have finalised reviewing them would be a violation of the Constitution," CIC chairman Charles Nyachae told Kaimenyi.
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