Teachers Service Commission (TSC) maintains role of recruiting and transferring head teachers

High Court Judge Mumbi Ngugi. She ruled that the Teachers Service Commission (TSC) will continue to appoint and transfer head teachers. (PHOTO: ANGELA MAINA/ STANDARD)

The High Court has declined to allow boards of management to appoint and transfer head teachers.

Judge Mumbi Ngugi ruled that the Teachers Service Commission (TSC) will continue playing the role.

Justice Ngugi faulted an education lobby group argument that school heads ought to be appointed and transferred by schools boards and not TSC.

Elimu Yetu Coalition had sued TSC claiming that it had no role in appointing primary and high school head teachers.

It submitted that the law gave schools' board of management the mandate to select the suitable school head.

But the judge dented the argument, saying the Constitution and TSC Act allowed the commission to consider those to promote, hire and even transfer.

"The plain reading of Article 237 of the Constitution reveals that TSC is vested with powers to register, recruit and employ, promote and transfer, discipline and terminate the employment of teachers. It is, therefore, clearly within the mandate of TSC to appoint head teachers," the judge said.

The lobby also asked the court to determine who was responsible for the management of school resources, which it claimed that it should be the boards.

The judge in her finding disagreed noting that the heads' role is to only ensure education policy guidelines are implemented and teachers act in a professional manner and not managing schools resources.

"Under Section 2 of TSC Act, the head teachers and principals are responsible for the implementation of education policy guidelines and professional practices," she said.

She added: "Read together with the Basic Education Act, it is evident that it is the Board of Management that has the responsibility for the administration and management of school resources and not the head teachers and principals as alleged by the petitioners."

In the case, Elimu Yetu told the court that school heads are handling finances and school resources against the powers given to them by the law, thus creating a conflict with the boards.

In reply to the case, TSC told the court that the lobby participated in drafting the Bill and that there was an audit unit, which ensures  resources are well utilised.

"To this end, the school auditing unit working under the Cabinet Secretary, Ministry of Education, is mandated to inspect school accounts regularly and in the vent of malpractices, the Principal Secretary who is the authorized accounting officer of the same ministry, is expected to report any case of incompetence," the court heard.

The judge could not find any conflict between the boards and head teachers as she found that the head of a school sits at the secretary to the board.