- The newly posted principal of St. Peter’s Nyakemincha Secondary School, George Makaa, was allegedly taken from the school compound and driven to an undisclosed location on Monday.
- Questions have emerged over alleged opposition to his posting, with claims that some stakeholders want another principal installed at the school.
- The incident also raises legal questions over TSC’s authority to deploy school administrators and the rights of teachers posted to public institutions.
The newly posted Principal of St. Peter’s Nyakemincha Secondary School, Mr George Makaa, was allegedly picked up from the school compound on Monday and driven to an undisclosed location.
According to information shared with Education News, Makaa, who hails from Bosose-Bonyamatuta Ward, was allegedly taken from the school in a vehicle bearing registration number KBV 554M.
A copy of records from the National Transport and Safety Authority (NTSA) provided to Education News indicates that the vehicle is a blue Toyota Corona manufactured in 2006 and registered on June 25, 2013.
The record identifies its registered owner. Education News has, however, not independently established who was driving the vehicle at the time of the alleged incident or whether the registered owner was involved.
It is alleged that Makaa was taken to a meeting attended by about 10 people drawn from Nymira County, where he was reportedly warned against reporting to the school.
Those behind the alleged meeting are said to have threatened that members of the Catholic community would be mobilised to eject him from the institution and have their preferred candidate installed.
The preferred candidate is alleged to be a Catholic Sister currently serving as a principal elsewhere. Makaa is also said to be Catholic.
Dispute over TSC posting
It is further alleged that some of those opposed to Makaa’s posting, including a Board of Management official who is a clergyman, claim they were not consulted by the Teachers Service Commission (TSC) before the posting was made.
The allegations raise questions over the extent to which school sponsors and Boards of Management can influence the appointment and deployment of principals.
Under Article 237 of the Constitution and Section 11 of the Teachers Service Commission Act, the Commission has responsibility for teacher management, including career progression and the appointment of head teachers and principals. The TSC Code of Regulations further provides that the Commission may deploy teachers to administrative positions, including as heads of institutions.
Regulation 69 expressly allows TSC to deploy a teacher as a head of institution, while Regulation 70 provides for the identification and deployment of institutional administrators through the Commission’s processes. The regulations also require an outgoing head of institution to hand over to an incoming head in the presence of education officials and the Board chairperson or their representatives.
The Basic Education Act gives Boards of Management responsibilities over school governance and allows them to advise County Education Boards on staffing needs, but it does not give them the power to appoint or deploy TSC principals.
If established that Makaa was compelled by force or deception to leave the school compound against his will, the circumstances could potentially fall within the Penal Code’s provisions dealing with abduction.
Section 256 defines abduction as compelling a person by force, or inducing them through deceitful means, to go from any place. Depending on the facts and intention involved, other provisions concerning wrongful confinement may also become relevant.
The original claim that Sections 253 to 260 generally criminalise kidnapping and abduction requires qualification. Section 253 deals primarily with certain forms of assault and obstruction, while Sections 254 onwards contain the provisions relating to kidnapping and abduction. Whether any particular offence occurred would depend on evidence gathered by investigators.
Similarly, Section 89 of the Penal Code does not deal with criminal intimidation; it concerns possession of firearms and other offensive weapons in specified circumstances. The more relevant provision to an allegation that someone was threatened in order to make them refrain from doing something they were legally entitled to do may be Section 238 on intimidation and molestation.
Any criminal liability would ultimately depend on what actually happened, including whether Makaa went voluntarily, whether force or deception was used and what threats, if any, were made.
Sh18 million expenditure allegations
Separately, allegations have been raised concerning approximately Sh18 million reportedly authorised for payment by the outgoing school administration and the Board chairperson, leaving the institution with outstanding financial obligations.
The matter is said to have been escalated to the Ministry of Education.
Education News has not independently verified the Sh18 million figure, the circumstances surrounding the alleged expenditure, or whether any financial rules were breached.
The Basic Education Act nevertheless places clear financial responsibilities on school Boards of Management. Section 59 requires boards to administer and manage institutional resources and to receive, collect and account for funds accruing to their institutions.
The law also requires public basic education institutions to maintain proper books and records of income, expenditure and assets and provides for their accounts to be audited.
Any determination of wrongdoing would therefore require examination of the school’s accounts, approvals, procurement records and supporting documentation rather than the existence of debt alone.
The alleged circumstances surrounding Makaa’s posting and the reported confrontation now leave questions for TSC and education authorities over whether he will be allowed to assume his duties without interference.
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They also leave authorities to establish what happened after he left the school compound, who was involved and whether any offence was committed.
The vehicle allegedly used to pick up St. Peter’s Nyakemincha Secondary School Principal George Makaa from the school compound. An NTSA copy of records provided to Education News identifies it as a blue Toyota Corona bearing registration number KBV 554M.
By Our Reporter
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