The Teachers Service Commission (TSC) is set to hold a crucial meeting with teachers' unions to address mounting tensions triggered by the proposed Amendment Bill of the Teachers Service Commission Act 2012. The discussions come amid looming threats of a strike at the beginning of the second term.
Last week, the Kenya Union of Post-Primary Education Teachers (KUPPET) issued a stern demand for the immediate disbursement of all outstanding capitation funds owed to public schools.
Failure to meet this demand, estimated at Ksh54 billion, could result in a crippling strike disrupting operations as schools reopen for the second term in April.
The proposed amendments to the Teachers Act have further intensified the rift between the TSC and teachers' unions.
The commission aims to amend 11 sections of the Act, particularly concerning its powers, regulatory framework for the teaching profession, disciplinary measures, remuneration, and performance management.
Critics argue that the proposed amendments grant excessive powers to the TSC, potentially undermining constitutional provisions outlined in Article 237.
Among the contentious changes proposed by the commission is the unilateral determination of teacher remuneration without union involvement or oversight from the Salaries and Remuneration Commission (SRC).
Additionally, concerns have been raised regarding the disciplinary procedures outlined in the amendments, which appear to deviate from the principles of fair hearing and administrative action as enshrined in Articles 50 and 47 of the Constitution.
Moreover, the TSC's proposal to collect and manage teachers' data independently has raised eyebrows, with fears that it could compromise data privacy and security.
Kuppet's Secretary General, Akelo Misori, reiterated the union's stance, affirming that schools would remain closed for the second term until the outstanding capitation funds are disbursed.
In response, TSC CEO Nancy Macharia sought to allay fears, stating that the proposed amendments were not intended to penalise teachers but to streamline operations within the education sector.
However, the education sector faces a multitude of challenges that threaten to disrupt learning activities in the upcoming term.
The decision to reduce learners' capitation, announced by Basic Education Principal Secretary Belio Kipsang, has been met with staunch opposition from teachers' lobby groups as well.
The decision to slash the per-learner funding from Ksh22,244 to around Ksh17,000 annually has been sharply criticized as 'grossly immoral', particularly considering the financial hardships faced by secondary schools.
With the imminent closure of schools on April 5th, 2024, and their reopening slated for April 29th, 2024, it remains to be seen whether the TSC and teachers’ unions will agree to avert paralysing schools.
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