The National Assembly’s Justice and Legal Affairs Committee is wondering why Dr Nancy Macharia, the TSC chief executive (CEO), is still holding that position after attaining the official retirement age of 60.
This was raised by Tharaka MP George Gitonga Murugara, the committee chairman, who demanded to know why the Teachers Service Commission (TSC) boss has not retired as the Commission Secretary and Chief Executive Officer (CEO).
In a statement requested in question form dated July 17, 2024, Murugara wanted to know under what circumstances Macharia continues to work for the commission when she is above the retirement age.
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He further asked when she will exit the commission and if she will reimburse the extra monies she has earned unlawfully by drawing a salary when she ought to have retired.
Dr Macharia turned 60 years last year, which is the mandatory retirement age of all civil servants in Kenya, but she continued to serve after a renewal of her term in 2020 for a further five years, which is expected to end June 2025.
A lot of questions were raised last year when she turned 60 as to whether she would leave the top leadership of the commission after turning 60, or stay until she completed her five-year term.
The commission would later clarify that Dr Macharia would serve her full term until 2025, noting that she is a state officer as defined by law and not subject to the retirement rule, adding that her full term of 10 years would end in 2025 as stated by the TSC Act and the constitution.
Defending this stand, the commission quoted TSC Act of 2012 Section 16 (3) which defines the Commission Secretary/CEO as a state officer, further quoting the 2010 Constitution Article 260 which defines who a state officer is.
They include the president, deputy president, legislators, and holders of independent offices, among others, who are not subject to the retirement age but serve according to the term of their mandate.
The TSC Act Section16 (4) states that the Commission Secretary/CEO shall hold office for a term of five years but shall be eligible for re-appointment for one further term of five years. The Article is however silent on the retirement age of the CEO.
Dr Macharia rose to the helm of TSC Secretary and CEO on June 30, 2015 in a competitive recruitment process in May that year, taking over from Gabriel Lengoiboni who retired. Lengoiboni had held the position for 11 years.
By Roy Hezron
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