By Roy Hezron
The remaining five vacant positions for members to the Teachers Service Commission (TSC) might take long to be filled as government tries to ensure term of senior management of constitutional or statutory bodies’ ends at the same time.
In a confidential letter addressed to Speaker of the National Assembly Justin Muturi dated April 27, 2021 and received a day later a copy which Education News has seen; Head of Public Service Joseph Kinyua informed the parliamentary departmental committee on Education and Research that the process will allow continuity of service delivery and effective succession.
“The Executive Office of the President fully acknowledges the unique role of TSC within our national life. Noting the imperative of ensuring succession management and continuity of service delivery, it has been the practice of His Excellency the President to stagger appointments to crucial constitutional or statutory bodies so as to ensure that at no time do all the terms of office of the senior management lapse concurrently,” said Kinyua in the letter.
Kinyua further added that filling of the remaining positions was to proceed after conclusion of appointment of the chairperson of the Commission Dr. Jamleck Muturi and Timon Oyucho as a member of the Commission.
“It is in keeping with that sound and prudent practice that further nominations with respect to the TSC have been held in abeyance pending the conclusion of ongoing appointment process for the two nominees that are currently before Parliament,” added Kinyua.
The National Assembly approved Dr. Muturi and Oyucho on April 28, 2021 as the Commission’s Chairperson and member during a special sitting, and later sworn in on May 3, 2021 at the Supreme Court as after the President gazetted their appointment on April 30, 2021; and they are expected to be in office to May 2027
TSC had only two commissioners since March after five Commissioners retired, making it difficult for the commission to carry out its mandate key being initiating discussions of the teachers Collective Bargaining Agreement (CBA) because the current one will end in June.
Mbage Njuguna Ng’ang’a and Leila Abdi Ali, were appointed by President Uhuru Kenyatta in May 2020 to represent Central and North Eastern regions respectively, hence their term in office will end May 2026.
Their recruitment followed the retirement of Commissioners Cleophas Tirop (Rift Valley), Salome Gichura (Central) and Saadia Abdi Kontoma (North Eastern) in 2019 after the end of their six-year terms.
The president will now constitute another selection panel to fill the positions vacated by Beatrice Adu, Mbarak Twahir, Kinoti Imanyara, Tache Gollo and Albert Ekirapa whose terms ended on March 19 since they were appointed in 2015.
The remaining five vacant positions will represent Rift Valley, Western, Nairobi and Cost since Eastern, Central, North Eastern and Nyanza already has representatives.
Considering the position of the government and also following the laid down procedures contained in the TSC Act of 2012, the remaining five members which are currently vacant can be filled between July and August this year, hence their term running to between July and August 2027.
The commission was fully constituted in March 2015 following the recruitment and appointment of the chairperson and commissioners, a process that began in October 2012.
Although the 2010 Constitution is silent on the specifics of the tenure of the TSC commissioners, the Teachers Service Commission Act 2012 affirms that they will serve a fixed 6-year term.
How the five vacant positions will be filled
- Constitution of a selection panel- within 14 days whenever a vacancy a rise (May, 2021)
- Selection panel to meet within 7 days and advertise the positions (May-June 2021)
- Selection panel to receive applications and shortlist qualified applicants (June 2021)
- Selection panel to submit the names of those nominated for the position to the President for appointment within 7 days, thereafter forwarding the nominees to the National Assembly for vetting (June 2021)
- National Assembly within 21 days to approve or reject the nominees (June-July 2021).
- If approved the Speaker of the National Assembly within 5 days submit the names to President for appointment (July-August 2021)
- President to gazette the appointment within 7 days (August 2021)
