TSC claims new Bill out to water down its mandate

By Augustine Oduor

Teachers Service Commission (TSC) has opposed a new law that has taken away its mandate to manage teachers’ affairs in mid-level institutions.

The teacher employer said the Technical and Vocation Education Training (Tivet) Bill signed into law by President Kibaki had created a parallel authority to register and licence trainers in these institutions. This has been a preserve of the TSC under Article 237 of the Constitution that spells out its mandate and functions.

The new law has now created Technical and Vocation Education Training Authority (Tiveta), which will now register and licence trainers (teachers). The authority will also advise on the development of schemes of service for trainers, a move TSC has strongly opposed.

The two teacher unions have also weighed in to oppose the clauses that have watered down the functions and mandate of the teacher employer. But Kibaki signed the Bill into law on Monday even after Kenya Union of Post Primary Education Teachers (Kuppet) and the Kenya National Union of Teachers (Knut) petitioned him over the same.

Kuppet Secretary General Akelo Misori and National Chairman Amboko Milemba termed the clauses as ‘retrogressive’ and asked the President not to assent to the Bill. Acting Knut Secretary General Xavier Nyamu said the union will oppose any law that attempts to water down the gains in the education sector.

Protect gains

“We already have an independent TSC complete with its functions and mandate provided in the Constitution. Why do we want to create a rival agency,” he asked. “Teachers will fight to protect the gains they have already realised and are enshrined in the Constitution,” he added.

“The Bill is unconstitutional because it is creating a parallel and autonomous agency to cater for the employment of teachers in public technical institutions,” read the Kuppet letter to Kibaki. Commission Secretary Gabriel Lengoiboni (pictured) said they oppose the law because it creates a parallel institution to perform its roles. He accused Parliament of passing the Bill even after the commission submitted a set of amendments for consideration. A TSC document on amendments to the Bill proposed deletion of various sections that took away the powers of the commission on teacher management.

It says “the mandate to register all teachers in Kenya is vested in TSC by virtue of Article 237 (2) (a) of the Constitution”. It also states that the mandate to register teachers has been provided for under Part III, Section 23, 24, 25, 26, 27 and 28 of the TSC Act 2012. “These sections in the Tivet Bill fundamentally contradict the Constitution that sets TSC as an independent commission,” said Lengoiboni.