MPs Push to Abolish TSC Teacher Redeployment Policy Over Regional Disparities.
Members of Parliament (MPs) are now advocating for the scrapping of the teacher redeployment policy, arguing that it has led to significant imbalances in the employment and distribution of teachers across Kenya.
The policy, which the Teachers Service Commission (TSC) has been implementing since 2018, has been criticized for exacerbating disparities in teacher employment among different regions of the country.
The Constitutional Implementation and Oversight Committee (CIOC) of the National Assembly has raised concerns about the policy’s fairness and legal standing. According to committee members, the delocalisation policy, as implemented by the TSC, has caused regional imbalances, leaving some areas underrepresented in terms of teacher placement.
Introduced by the TSC in 2017 and rolled out in 2018, the teacher redeployment policy mandates that teachers be transferred to work in areas away from their places of origin.
The primary goal was to prevent conflicts of interest in school management and to promote national integration. However, the policy has drawn heavy criticism from lawmakers, particularly those representing areas that have been disproportionately affected by teacher shortages.
Legal Concerns Over the Policy
During a meeting with the Teachers Service Commission (TSC), the Chairperson of the Constitutional Implementation and Oversight Committee, Runyenjes MP Erick Muchangi, questioned the legal basis of the policy.
He pointed out that the policy was not enshrined in law and, therefore, had no binding legal authority. Muchangi expressed concern that the TSC could not use a parliamentary resolution, which lacks the force of law, as the foundation for implementing such an impactful policy.
He emphasized the need for a clear legal framework to support the policy and urged the TSC to provide concrete legal backing for its continued enforcement. Muchangi asked TSC CEO Nancy Macharia to clarify the basis for the policy, especially since it had no formal legal standing.
In defense of the policy, TSC CEO Nancy Macharia stated that the Commission had acted based on resolutions passed by Parliament. She explained that while MPs are responsible for making laws, the TSC was adhering to the existing resolution until any changes were made.
Macharia also mentioned that the TSC had previously engaged with various parliamentary committees to review the policy’s implementation. She recalled a time when she faced near impeachment over the policy, highlighting the contentious nature of the issue.
Discrimination and Regional Imbalances
The debate has also centered on allegations of discrimination in the recruitment process. MPs like Tongaren’s John Chikati have argued that the TSC’s reliance on the delocalisation policy has led to unfair employment practices.
Chikati pointed out that some regions have been disadvantaged in teacher recruitment, with many qualified graduates being overlooked for newer recruits. He called for a more equitable system where teachers who graduated earlier are prioritized for employment.
Chikati also emphasized that the Constitution does not restrict where a civil servant should serve, further questioning the fairness of the policy’s implementation.
The delocalisation policy was initially introduced to address potential conflicts of interest arising from long-term service at a particular station.
The policy also aimed to foster national cohesion and integration by ensuring teachers from different regions worked in various parts of the country. According to the TSC, the policy was designed to promote unity among Kenya’s diverse communities.
The Constitution grants the TSC the authority to recruit and assign teachers to any school or institution across the country. Under Article 237, the TSC is empowered to ensure that teachers are deployed where their services are most needed, thereby promoting national integration.
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However, the implementation of the redeployment policy has not been without exemptions. Teachers aged 56 and above, those with medical conditions, and those caring for dependents with disabilities are not subject to redeployment.
Previous Transfers and Appeals
In December 2018, the TSC executed a large-scale transfer of teachers, moving 3,094 educators. However, only 360 teachers filed appeals against the transfers, highlighting some level of acceptance but also revealing concerns over specific cases that needed reconsideration.
As the debate continues, lawmakers have called for a comprehensive review of the teacher redeployment policy. MPs are particularly concerned with the policy’s legal foundation and its impact on teacher distribution across the country.
While the TSC has defended its actions, the issue remains a contentious one, with calls for greater fairness and transparency in teacher recruitment and deployment.
MPs Push to Abolish TSC Teacher Redeployment Policy Over Regional Disparities
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