By Azael Masese
The salaries for lecturers in Technical and Vocational Training Institutes (TVETs) will officially be handled by the Public Service Commission (PSC) effective 1st September, 2018.
This is according to the Teachers Service Commission (TSC).
According to a circular by the TSC Commission Secretary Dr. Nancy Macharia, though the PSC approved the transfer of service for the 3,780 lecturers and institutional administrators with effect from July 1, 2018, the teachers employer had no choice but to delay the process a bit to facilitate effective transfer of the employees’ data records.
“However, to ensure smooth transition and an efficient management of the payroll and in view of the existing Collective Bargaining Agreement with the Teachers’ Unions, the commission will retain the affected lecturers on its payroll up to 31st August, 2018,” stated the TSC boss in part.
The circular No 17/2018 dated 27th July, 2018, states that with effect from 1st September, 2018, the Remuneration of the lecturers will be handled by the Department of Vocational and Technical Training under the Ministry of Education, Science and Technology.
The transfer of TVET tutors from the TSC payroll has vociferously been contested by both the Kenya National Union of Teachers (KNUT) and its counterpart, the Kenya Union of Post-Primary Teachers (KUPPET) terming the move unconstitutional as only TSC is mandated by law to employ all teachers serving in public institutions.
The Government’s move to take away the TVET teachers’ payroll to PSC will significantly cut the clout of the TSC which has been boasting as the single most largest employer in the country managing the payroll of over 312,000 teachers in the country who serve at public primary schools, secondary schools, teacher training colleges and technical training institutions before this new development.
The plan to move technical teachers from the TSC has been on the cards for some time following claims that the Commission was not effectively addressing the concerns of this cadre of educators.
The Commission was accused of offering a less glamorous Scheme of Service to the tutors as compared to their peers serving at primary and secondary schools.
However, Macharia states that the commission will not handle any request for transfer to the PSC or the Ministry of Education.
The circular titled Transfer of Service for Trainers/Lecturers in Technical and Vocational Education and Training Institutions is addressed to all TSC County Directors, Principals of National Polytechnics, Technical Training Institutes and Technical, Vocational and Educational Training Institutes.
However, Macharia notes that lecturers who will retire by 31st August 2018 will have their retirement benefits processed by TSC rather than the PSC as their payroll records would not have been transferred to their new employer.
On medical cover, the TSC says, lecturers at the affected institutions will continue to benefit from the current medical and Health cover negotiated between TSC and Minet (Kenya) Ltd up to and including 30th September, 2018.
According to the 2010 Constitution, TSC is the only mandated commission to recruit teachers a position taken by Kenya Post Primary Union of Teachers (KUPPET) arguing the contrary can be contested in court.
However, the Technical and Vocational Education Training (TVET) Act 2013 transferred the Technical Training function from TSC to PSC.
The Commission says the change of employer was meant to bring industry players with skills and knowledge into the lecture halls and ensure there was a cross pollination of their skills and knowledge.
It also comes at a time when the government is shifting its focus to competence based education and training to ensure that the education system produces more hands on graduates.
Meanwhile, confusion and uncertainty has marked the alleged transfer of 3,780 TVET teachers to the Ministry of Education Science and Technology from the Ministry of Public Service Youth and Gender Affairs where they had initially been moved from Teachers Service Commission (TSC).
The transfer exercise which is already in progress comes amid protests by teachers through their unions to the National Assembly that the move is unconstitutional, and violates both the TSC Act (2012) and the Labour Relations Act (2007).
The technical teachers through their respective unions now claim that they have lost identity and don’t know who their employer is after a span of three months being under three different ‘employers’.
In early June or thereabout, the Principal Secretary for State Department for Vocational and Technical Training, Dr Kevit Desai announced the transfer of TVET teachers who were then under the employment of TSC to Public Service Commission which falls under the Ministry of Public Service Youth and Gender Affairs.
But appearing before the Parliamentary Committee on Education and Research a couple of days ago, TSC Chief Executive, Dr. Nancy Macharia shocked the audience which included Members of Parliament, trade union officials that the service of TVET teachers had now been moved to the Ministry of Education.
