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TSC chief executive Nancy Macharia when she appaered before the National Assembly Education Committee on 21/02/19. [Boniface Okendo,Standard]

TSC argues that although it is the sole employer of teachers, it cannot assume liability for teachers it does not regulate.

The Teachers Service Commission (TSC) has told the court it has no role in supervising teachers in private schools.

TSC, in its reply to a case where a parent sued a private school in Thika after her son was allegedly injured by a teacher who was punishing him, says although it has powers to regulate the teaching profession by registering and deregistering teachers, it cannot take action against any teacher found to have misbehaved in a private school.

“Owing to the fourth respondent’s (ACK Thika Memorial Church School) private status, the fifth respondent (TSC) lacks immediate and or direct supervisory powers to manage the school and oversee the day-to-day performance of the teachers at the institution,” TSC replied.

However, it maintained that caning in schools is illegal.

Sole employer

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TSC argues that although it is the sole employer of teachers, it cannot assume liability for teachers it does not regulate.

“Its regulatory power under the Constitution and statute law is limited to removal of names of teachers convicted of offences which are deemed repugnant to the profession, and which warrants removal from the register of teachers,” the commission, led by CEO Nancy Macharia (pictured), stated.

The case was filed by a parent named as CAK who is asking the High Court to outlaw corporal punishment in schools and compel TSC to come up with a policy to ensure it is eliminated. She also wants compensation and an apology published in a newspaper for the caning of her child.

CAK says in the suit against three teachers – Emily Kulola, Ann Wanjiru and Peterson Gichuki – the board of management at ACK Thika Memorial Church School and TSC that teachers are never punished for caning students.

Through lawyer John Chigiti, the parent argues that the right of her child to education, good health and protection against harm were infringed upon when he was punished, forcing her to transfer him to another school.

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“The petitioner prays for an order compelling TSC to draw a policy that eliminates corporal punishment.”

TSC Nancy Macharia Education

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