Kiharu MP Ndindi Nyoro has pledged to place Early Childhood Development Education (ECDE) teachers under the exclusive control of the Teachers Service Commission (TSC), arguing that their employment should be managed by the national government rather than county governments.
Nyoro, who has declared his intention to vie for the presidency, said his ambition is driven by the need to address challenges facing Kenyans, including the plight of ECDE teachers who have long demanded better terms of service and improved career prospects.
The PPK party leader, who was speaking on Thursday in Kiambu County, also called on the United Opposition to settle on a presidential candidate with integrity, a clear vision and a strong understanding of the challenges affecting ordinary Kenyans.
Court ruling on ECDE employment
His proposal comes amid renewed debate over the employment and management of ECDE teachers, following a recent High Court ruling that rejected another attempt to transfer their employment mandate exclusively to the TSC.
Justice Roseline Aburili struck out a petition filed by civil society activist Stephen Chahasi Lumwaji, ruling that the matter was res judicata, meaning it had already been conclusively determined by a competent court.
Lumwaji had challenged Section 38 of the Early Childhood Education Act, 2021, seeking to have it declared unconstitutional and to stop county governments from recruiting, employing and remunerating ECDE teachers.
He argued that teachers registered by the TSC should fall under the Commission's exclusive mandate. He further raised concerns over overlapping disciplinary procedures arising from county human resource regulations and the TSC Code of Conduct.
However, Justice Aburili held that the constitutional question had already been addressed in a 2016 High Court decision involving the Kenya National Union of Teachers and the Attorney General.
Senate intervenes in teachers' dispute
Meanwhile, the Senate Committee on Labour and Social Welfare has called for a coordinated government response to resolve a longstanding dispute involving 313 ECDE programme teachers transferred from the TSC to county governments in 2015.
The dispute revolves around salaries, career progression and pension entitlements following the teachers' transition to county governments.
Appearing before the committee on Thursday, TSC Acting Chief Executive Officer Dr Evaleen Mitei maintained that the officers had been voluntarily released to county governments with effect from July 1, 2015, and consequently ceased to be employees of the Commission.
However, the petitioners, led by Peter Makara, disputed that position, arguing that their transition should have been treated as a secondment in accordance with the constitutional framework governing devolution.
Murang'a Senator Joe Nyutu called for documentary evidence to establish whether the teachers were formally released or seconded to county governments.
He also questioned county governments over the teachers' stalled career progression, insisting that their outstanding employment-related benefits must be addressed.
Following the deliberations, the committee resolved to summon the Cabinet Secretaries responsible for Education, the National Treasury and Public Service, alongside the Chief Executive Officer of the Retirement Benefits Authority (RBA) and representatives of the Council of Governors.
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