Members of Parliament on Wednesday summoned the Teachers Service Commission (TSC) Chief Executive Officer Nancy Macharia over the case of a teacher who was handed a life ban on accusations of defiling a student.
Macharia, while appearing before the National Assembly’s Public Petitions Committee led by Taita Taveta MP Bwire Okano, defended the Commission's decision arguing that it was its mandate to protect students from any form of sexual abuse.
She narrated how the incident unfolded, adding that the High Court acquitted the teacher as the evidence presented before the judge was circumstantial.
The TSC boss noted that the Commission, however, carried out its independent investigations, and found the teacher guilty of the accusations and proceeded to deregister and dismiss him.
Upon further review, the TSC reinstated the teacher back to the Register of Teachers, as stipulated under Section 31 of the TSC Act, which provides that an application to the Register of Teachers will be considered after 18 months from the date of removal.
Nonetheless, the TSC handed the teacher a life ban, meaning he could work anywhere in the world but not in Kenya.
Macharia added that the teacher was taken through a procedural disciplinary process before the ban was issued.
During the session, the MPs questioned whether the Commission could prove if the minor's accusations were true and based on actual evidence.
Taita Taveta MP Bwire Okano, noted that the minor had lied that she wasn't involved with any other sexual partners, as a DNA test carried on the newborn baby proved that the teacher did not sire it.
“What if the minor lied about the situation?” Okano posed.
Macharia, in her defence, argued that it's the Commission's responsibility to protect minors and hold teachers accountable.
"In the circumstances, the findings of the criminal court couldn't salvage an employment contract that had inevitably broken down. As employers aren't bound by criminal court findings, the TSC is absolved of any ties to follow the court's decision," read part of the statement.
