Teachers have right to take part in BBI politics

President Uhuru Kenyatta and Former Prime Minister Raila Odinga at the launch of the collection of signatures for the Building Bridges Initiative (BBI) at KICC in Nairobi on November 25, 2020. [Stafford Ondego, Standard]

Participation in politics is a critical element of socially inclusive development and realisation of human rights.

However, while the right to participate in politics and public life is well-established in human rights law, there is a spirited attempt by Teachers Service Commission (TSC) to deny tutors these rights in a variety of ways.

A recent circular by TSC addressed to various public authorities and whose content specifically targets teachers reveals an attempt by the employer to gag tutors and curtail their democratic freedoms as contained in the Constitution.

TSC has called on teachers to abstain from taking part in political activities. This amounts to gross violation of fundamental rights of teachers. It boils down to suffocating the social and public life of teachers.

The circular, which warns teachers of dire consequences if found engaging in political activities, is uncalled for and a violation of the constitutional rights of tutors at this time when Kenyans are putting heads together to reform the Constitution through BBI.

The circular is not grounded in any law. It violates in entirety Article 38 of the Constitution (2010) which outlines the political rights of every citizen, including teachers employed by TSC, which states: “Every citizen has the freedom to make political choices which includes the right to form or participate in political activities, including to campaign for political parties, and taking position in major political decisions.”

It is worth noting that the Constitution supersedes all Acts of Parliament, policies and regulations. In essence, the Constitution is more authoritative and takes precedence over any Act, law, policy or regulation.

Article 2(1) read together with (3), (4), (5) and (6) of the Constitution explains it all. “This Constitution is the supreme law of the Republic of Kenya, and binds all persons and all State organs at both levels of Government. The validity or legality of this Constitution is not subject to challenge by or before any court or other State organs.

Kuppet Secretary General Akello Misori (C), national chairman Omboko Milemba (R) and Deputy SG Moses Nthurima in Nairobi on October 25, 2020, to welcome a report by the Bridging Bridges Initiatives Taskforce. [David Njaaga,Standard]

“Any law that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid. The general rules of International Law shall form part of the Law of Kenya. Any treaty or convention ratified by Kenya shall form part of the Law of Kenya under this Constitution.”

With this in mind, the commission should desist from misinterpreting Article 77(2) of the Constitution with the sole aim of stifling the political and democratic rights of teachers. At this point in time, TSC should be reminded that no teacher on its payroll is holding or aspiring to hold a party post.

Hence, TSC should not hide behind Article 77(2) to block teachers from supporting President Uhuru Kenyatta in his campaign to reform the Constitution. If the commission’s political interests are elsewhere, it should leave teachers alone to support BBI.

Therefore, the TSC is unconstitutional, ultra vires and a violation of teachers’ rights to make informed political decisions as contained in Unesco’s Sustainable Development Goals Framework for Action (2015) on The Right of Teachers. Target 4c (72) of Unesco’s Incheon Declaration of which Kenya is a signatory to, states in part: “Teachers also have social and political rights.”  

It is instructive to note that teachers can only shape the destiny of their careers, successfully push for their industrial concerns and achieve their socio-political rights as grounded in the Constitution through active participation in national political programmes and activities. Therefore, the move by TSC to ban teachers from participating in politics is sickening and distressing.

Teachers have to engage actively in political activities, advocacy for good governance, lobbying for favourable Acts of Parliament, and influencing the drafting of policies and regulation that affect their welfare and profession, and more so participate in activities of political parties of their choices.

The birth of TSC in 1967 as a body responsible for recruiting, assigning and generally managing teachers in the Public Teaching Service was through political initiative of teachers under the auspices of Kenya National Union of Teachers (Knut) and Kenya Africa National Union (Kanu). By extension, TSC was made an independent commission in the Constitution (2010) through high-level political lobbying by teachers under Knut.

It is wrong for TSC to threaten teachers, who are only exercising their democratic rights as enshrined in the Constitution by participating in the BBI campaigns.

International Labour Organisation (ILO) conventions, treaties and protocols  assert the right of teachers to be involved in political activities. ILO and Unesco advocate that governments’ policies be written to guarantee teachers their political and democratic rights so that they may promote educational causes.

The commission should be brought to speed that there are no constitutional provisions which prohibit political activities by teachers outside school premises. Therefore, teachers should be not dismissed, transferred, reprimanded or have their employment rights infringed on in any way as a result of exercising constitutionally protected rights of free speech, association and participation in political activities.

Participation of teachers in national politics, especially where major decisions are being made, and supporting political movements is the norm across the world. For instance, the two main teachers’ unions in the US – The America Federation of Teachers and the National Education Association – are among the biggest labour organisations which are heavily involved in electioneering politics. They influence national policies and were instrumental in the victory of Joe Biden.

The National Education Union, Association of Teachers and Lecturers and National Union of Teachers are the foundation of the Labour Party of the United Kingdom. Australia Education Union, Association of Teachers and Lecturers, and the Independent Education Union of Australia are the principal labour organisations and political movers in Australia. They hold the ticket to determine who becomes the next Prime Minister of Australia. Hence, participation of Kenyan teachers in politics should not be criminalised.

Mr Sossion is a nominated MP and Secretary-General of Knut