National Assembly Speaker, Moses Wetangula, has this afternoon stopped the implementation of the recommendations contained in the Presidential Working Party on Education Reforms (PWPER) Report.
This is after Emuhaya Member of Parliament (MP) and Kenya Union of Post Primary Education Teachers (KUPPET) National Chairman Omboko Milemba rose on a Point of Order to seek the Speaker’s direction regarding the PWPER recommendations, stating that the task force, led by Prof. Raphael Munavu, made several recommendations to reform the education sector consequently establishing great conflict not only within the Ministry of Education (MoE) and the Teachers Service Commission (TSC) but also to other players in the sector.
According to Milemba, the recommendation that MoE reviews the grades for pre-service teachers jeopardizes TSC’s mandate as provided under Article 237 of the Constitution.
He added that the recommendation that MoE establishes a comprehensive system where all levels of learning are managed as one institution is contrary to Part 2 (IX) of the Fourth Schedule of the Constitution.
Milemba also stated that the task force further recommended that MoE recruits staff for Special Needs educational institutions stating that it would be contrary to the Constitution.
“The Presidential Working Party gives new powers to the TSC to employ Chaplains and Imams in schools. This is in direct conflict of Article 9 of the Constitution which separates the State and Religion, and therefore removes the power of sponsors in schools replacing it with TSC,” said Milemba in his statement.
Further, the legislator stated that the business of law-making is a reserve of the Parliament adding that as it stands, there is a crisis in the education system; with education organs and players existing before the 2010 Constitution seemingly intending to seize power within the education sector.
“Honourable Speaker, I want to seek your guidance that this matter be handled by the House so that people do not change the Constitution and the Acts of Parliament through the back door,” said Milemba.
In his response, Wetangula said that it was unlawful for recommendations to be implemented before passing through Parliament; adding that the recommendations should be debated in the August House before being passed for implementation.
According to Wetangula, nobody, not even Cabinet Secretaries have the powers to make the law since they do not have such powers.
National Assembly Majority Leader Kimani Ichung’wah stated that he would consult with the MoE and report back to the House.
Wetangula’s ruling comes a few days after TSC poked holes in the PWPER recommendations during their presentation to the Parliamentary Departmental Committee on Education; with TSC CEO Dr. Nancy Macharia stating that the reforms team failed to consult with the Commission on teacher management issues before compiling its final report as directed by State House.
By Roy Hezron
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