Teachers face pay delay as TSC jobs circus continues

By Martin Mutua and Augustine Oduor

NAIROBI, KENYA: Teachers countrywide could have their salaries delayed this month if the Government does not initiate a process to have five commissioners at the Teachers Service Commission whose term expired on Friday, replaced.

Sources told The Standard on Saturday that some top officials at the Office of the President and others at TSC were lobbying to have the James Kamunge team to re-advertise the positions afresh, contrary to a legal opinion by Attorney General Githu Muigai.

The commission has been operating with a chairperson after Parliament rejected a nominee fronted by the same officials of the Office of the President during the Kibaki administration.

Also rejected were other commission nominees who had faired poorly but were picked instead of those who had performed better.

Kenya Institute of Curriculum Development (KICD) Director Lydia Nzomo, who was the best in the chairperson’s category scoring 77 per cent, had her name replaced by a Kiragu wa Magochi, who came second with 67 per cent.

Rejected by MPs

His name was, however, rejected by Parliament, which reprimanded officials at the Office of the President who had replaced Nzomo’s name with that of Magochi. Nzomo was hailed by Parliament for the job she has done at KIE and demanded that the President appoints her to the position as there was no reason to deny her the job.

Mr Cleophas Tirop, who is the Nairobi School principal and also the chairman of the Secondary Schools Heads Association, and who was tops at the interview in the commissioners’ category, was missing in the list. Mr Tirop has since been sworn in as the only commissioner.

Attorney General Githu Muigai opines on the matter in letter to TSC Secretary Gabriel Lengoiboni: “As regards the existing vacancies and for which a selection process has already been initiated, it behoves the President to draw fresh names of nominee from the list that has been prepared by the selection panel.”

Githu says: “The issue of constituting a new selection panel to select candidates for the existing vacancies does not arise at all. A selection has already been constituted by the President as provided by law,” he adds in the letter dated May 30, 2013. Also putting the more than 270,000 teachers employer on the spot is the looming nationwide strike by Kenya National Union of Teachers (Knut) after the House failed to factor in Sh50 billion to promote teachers and settle pending allowances.

Knut has summoned its National Executive Council to make a “major decision” if MPs fail to include funds to cater for their interests. Commissioners David Kuno, Rose Mogoi Sereti, Meshack Llanziva, Monica Kilonzo and Lucy Njeru vacated their offices yesterday. Effective today the legality of the TSC can be challenged in court, as only one commissioner is now in office.

The constitution requires independent commissions to be comprised of not less than three Commissioners and not exceeding nine. The exit of the officers means that discipline cases and promotions will not be conducted for lack of quorum, as it is the responsibility of these commissioners to conduct interviews.

Policy formulations, approval of internal appointments and audited documents among other oversight roles played by the Commissioners will also be jeopardised. A court ruling barred the appointment of two commissioners and the chairperson after a Mr Abdi Sitar Yusuf moved to court to challenge the entire appointment procedure.

Justice Majanja directed that the president nominates “fresh” names from shortlisted and interviewed candidates in accordance with section 8(11) of the TSC Act 2012 to fill the three slots. The first list of nominees presented to Parliament was rejected. Another set of names that was approved by MPs was also nullified after Sitar moved to court.

He has threatened to move to court again if the three names are advertised in the coming recruitment. However, several months later the President is yet to send the list to MPs for endorsement.