The Commission on Administrative Justice (Office of the Ombudsman) has written to Teachers Service Commission (TSC) over the treatment of the Junior Secondary Schools (JSS) teachers by TSC.
In a memo signed by the Chairperson of the Commission Florence Kajuju dated June 3, 2024 and seen by Education News revealed that the commission has taken cognisance on the widespread complaints by teachers engaged by TSC as interns under the JSS.
“We note that the terms of engagement have negatively impacted about 46, 000 teachers culminating to administrative injustices and it also infringes on the right of the child to basic education. It is appreciable that the prevailing state poses an irreversible risk to the best interest of the child as per the Law provided,” the memo reads in parts.
The Commission guided by Section 29 of the Commission on Administrative Justice Act directed TSC to appraise the interim remedial measures that it has put in place to ensure learning is not affected.
It revealed that it was aware that the matter has been a subject of court proceedings vide Nairobi The Employment and Labour Relations Court (ELRC), as well as to the orders issued which will take effect on August 1, 2024 but due to the on-going tussle between TSC and JSS intern teachers which has affected learning in most school there is need to intervene.
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It has given an ultimatum of 14 days for TSC to respond.
“In light of the urgency and need to minimize further disruptions in the public learning institutions, the Commission seeks that you consider this inquiry and revert within 14 days,” the memo also reads.
Established under Article 59(4) Of the Constitution, and The Commission on Administrative Justice Act, 2011 the Commission is empowered to, among other things, investigate complaints of delay, abuse of power, unfair treatment, manifest injustice or discourtesy.
JSS intern teachers have taken to streets demanding that TSC hire them on Permanent and Pensionable (PnP) terms as the ELRC court had approved.
The tussle has seen learning paralysed in most institutions.
By Vostine Ratemo
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