AUTOMATIC REAPPOINTMENT OF DR. NANCY MACHARIA WILL OPEN A CAN OF WORMS, AS TEACHERS’ UNIONS PLAY DUMB ON THE MATTER; TSC NEWS
TSC CEO POSITION SHOULD BE FILLED THROUGH A COMPETITIVE RECRUITMENT PROCESS, STATES TSC ACT
Teachers Service Commission, TSC CEO Dr. Nancy Macharia’s term expired on Tuesday amid confusion whether it will be automatically renewed now that the position is yet to be declared vacant.
According to the Law Society of Kenya, the position should be declared vacant and filled on a competitive recruitment process.
When asked to give their opinions on the matter, teachers’ unions and the Commission distanced themselves from the matter.
TSC Act dictates that whenever a vacancy arises in the Commission, it shall by notice in the Gazette declare the vacancy, come up with a selection panel and invite qualified and interested applicants to apply for the post.
Although the TSC Act gives room for the reappointment of the secretary after serving for five years, the requirement for competitive recruitment directs that once the term expires, the position be declared vacant and filled on a competitive basis.
On Tuesday, the Law Society of Kenya, LSK received news that plans to renew TSC Boss’s term for another five years were underway. This prompted the LSK president Nelson Havi to draft a letter to the Attorney General to stop the reappointment of Dr. Nancy Macharia.
According to the letter, all members of the Commission must undergo the process of approval by Parliament and be appointed by the President.
LSK, therefore, urged the Attorney General to give advice on what should be done next. According to Nelson Havi, advice from the AG’s office will help clear the air and dismiss speculations arising from various quarters.
It will also ensure that the decisions made are accountable, unquestionable, and within the confines of the Supreme law of Kenya.
Failure to subject the position to a competitive selection process will stir a lot of controversies that will open a can of worms.
“It is our hope that whatever decision is reached in relation to this matter will be in accordance with the law and informed by the prevailing national context which includes unresolved crisis over the appointment of judges, an emerging crisis over perceptions of declining diversity in the composition of persons who hold key positions in the public administration,” adds Mr. Havi.
When asked about the speculations, TSC Communications Director Beatrice Wababu declined to comment on the matter saying the letter was not copied to the TSC.
“The letter was sent to the Attorney General and not us. Legally, it is not right for us to comment on the issues. We will wait for the AG to give direction on the matter,” said Wababu.
Teachers’ unions have also jumped the bandwagon after refusing to comment on the matter saying that they do not deal with individuals.
KNUT, whose wings seem to have been clipped following the endless arm twisting between the Secretary-General and the TSC said that even though the issues raised by LSK are pertinent, the union cannot respond to the matter before the AG gives his advice.
KUPPET Secretary General Akelo Misori also said that unless the letter is directly addressed to the union, the union cannot give any comment on the matter.