TSC BOSS REAPPOINTED TO SERVE AS CEO FOR THE NEXT FIVE YEARS AMID PROTESTS FROM LOBBY GROUP AND LSK; TSC BREAKING NEWS
In a nutshell;
A lobby group has filed a petition against the Teachers Service Commission, TSC after the unlawful renewal of TSC CEO, Dr. Nancy Macharia’s term for another five years without a competitive recruitment process.
Dr. Macharia’s term elapsed on Tuesday having served the Commission for the past five years but the Commission opted to grant her another term for a job well done.
The Teachers Service Commission, TSC has opted to extend Nancy Macharia’s term for another five years, a move that has opened a can of worms as premonised by our media team.
Her reappointment comes at a time when the Law Society of Kenya, LSK Boss Nelson Havi has already written to the Attorney General to offer guidance on the matter.
According to Mr. Havi, the position should have been declared vacant three months ago as required by law to pave the way for a competitive recruitment process. In other words, the LSK wanted her reappointment blocked but it seems that things have taken a different turn now.
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NULL AND VOID
Following Dr. Macharia’s reappointment, Midrift Human Rights Network has filed a petition before Judge Monica Mbaru at the Nakuru High Court seeking to declare the reappointment null and void.
The lobby group argued that the position should have been filled through a competitive selection process as required by the law.
The lobby group also added that the TSC is yet to provide any evidence that the position was advertised/ gazette and competitively filled.
The two respondents-TSC and the Attorney General Kihara Kariuki are expected to table their responses by Monday when Justice Mabru is expected to hear the case seeking to suspend Dr. Nancy Macharia’s reappointment.
“The TSC failed and/ refused to open the process of appointment of the Secretary to the Commission to competition in contravention of Article 232(g) (1) of the constitution and Section 16(1) of the TSC Act. Ms. Macharia’s reappointment is shrouded in mystery and opaqueness contrary to constitutionally enshrined principles of open and transparent governance in the public service,” reads part of the petition.
“I verily believe that it is imperative that the filling of the position of the Secretary be undertaken in accordance with constitutionally enshrined values and principles of the public service especially Article 232 (g) (1) of the law,” added Joseph Omondi, Secretary-General Midrift lobby group.
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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.
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