Big Loss to Teachers as Court Declares TPD Legal, Urges Teachers to Register
The teachers service commission has been given a green light to proceed with the rollout of the Teacher Professional Development programme (TPD) after a petition challenging its implementation was dismissed by the court dismissed.
The Nakuru-based Employment and Labour Relations Court has allowed TSC to continue with the execution of the programme after it found the process to be in line with the Constitution.
The petition by one Joseph Ngethe Karanja has been dismissed by Justice David Nderitu for lack of proof.
According to justice Nderitu, Karanja crafted a petition alleging violation of specific constitutional provisions and articles but failed to provide adequate evidence to prove the mentioned violations.
TPD was launched by TSC on September 22, 2021, a move which required all the teachers registered by the commission to undertake the six-module course that would influence their promotion and employment going forward.
Logistically, each tutor was to pay Sh6,000 for each module, valid for five years, before taking the next module.
The commission contracted Mt Kenya University, Kenyatta University, Riara University and the Kenya Education Management Institute to offer the professional training.
Karanja moved to court on September 27, 2021, determined to stop the implementation of the programme due lack of public participation and violation of teachers’ rights.
Karanja further accused TSC of failing to engage education stakeholders before rolling out the plans and breaching procurement laws in the appointment of the institutions that should carry out the training.
He felt that TSC was imposing an expensive programme through a collective bargaining agreement minus engagement of stakeholders.
TSC, through its lawyer Lawrence Karanja, said it was only performing its mandate in line with the Constitution in reviewing the standards of education and training of persons joining the teaching profession.
Through an affidavit sworn by Dr Reuben Nthambiri, the teachers’ employer said that it fully engaged the stakeholders including Kuppet and Knut in the development of modules and launch of the programme.
“Besides the fact that the training is founded in the law, it is good in improving the standards of professionalism of teachers, leading to better quality of education,” stated Dr Nthambiri.
The four institutions of higher learning also defended their appointment saying it followed due procedure.
Mount Kenya University, through an affidavit by Dr Christopher Mutembei, maintained that there was transparency and fairness in the process of tendering and eventual appointment as one of the institutions to offer the TPD training and related programmes.
In his judgement, Justice Nderitu said there was no evidence of complaint from a bidder who failed to win the award.
Furthermore, Justice Nderitu said, there was no evidence on record from any teacher or a member of the teachers’ unions supporting the allegations made by the petitioner.