The Kenya Union of Post-Primary Education Teachers has opposed some recommendations in the Presidential Working Party on education reforms.

They say these proposals could curtail the responsibilities of the Teachers Service Commission and impede the employment rights of educators.

Speaking in Nandi South during the union’s Annual General Meeting, Kuppet national chairman Omboko Milemba and Secretary General Akelo Misori said certain proposals should be removed.

Milemba said TSC has played a crucial role in employment and supervision within the education sector, and any attempts to limit its authority would infringe upon the rights of teachers.

Read also:

TSC Rolls Out Retirement Sensitization Program Targeting Teachers Aged 50 and Above

Withdraw Capitation Circular as No School Got Capitation, Kuppet Tells MOE

Ruto: No More Grants For Universities

KNUT Supports MOE’s New KCSE Grading Structure

KUPPET Supports Proposal to Allow Sick Students Skip KCPE, KCSE Exams

Grade 7 Teachers to Be Trained in October-See Schedule

Private Universities Unable to account for Sh1.4b

“Certain recommendations must be carefully examined, especially those that interfere with the TSC. Education reforms should strengthen existing institutions rather than undermine their functions,” he said.

He said some proposals had been introduced without seeking input from education stakeholders regarding the management and supervision of teachers.

“We cannot allow the roles of the TSC to be transferred to other government agencies. It has been suggested that county commissioners and provisional administrators take over the role of overseeing teachers in schools, but we oppose such changes,” said Omboko.

Last week, the National Assembly expressed concerns about the implementation of education reforms without the approval of Parliament.

“We need to reconsider the laws affecting institutional structures, and we will push for parliamentary review to ensure the new education policies are effective for all. Teacher welfare must also be taken into account for an efficient and conducive working environment,” added Omboko.

Misori said the salary increase of between 7 and 9.5 per cent is a positive step, but he also mentioned that it falls short of the teachers’ expectations. He disclosed that negotiations for a future pay rise are still ongoing.

“We are demanding an increase of up to 50 per cent and are also insisting on teachers’ promotions in accordance with this increase. Remuneration should be extended to teachers who have attained Masters and Doctorate degrees while in service,” Misori said.

Misori accused the government of failing to disburse the capitation funds, saying school administrators are silently struggling.

“The principals are reluctant to admit they have not received funds from the national treasury, despite receiving four circulars since September 15. The Education ministry should ensure funds are released for smooth operation.”

Teachers Service Commission (TSC) wants the National Assembly to intervene with a bid to have recommendations by a taskforce on the Competency Based Curriculum (CBC) thrown out on grounds that they will interfere with its constitutional mandate.
Chief Executive Nancy Macharia, in a brief to the parliamentary Committee on Education, said the proposals by the Presidential Working Party on Education Reforms (PWPER), take away its key mandate and functions.
In particular, TSC said despite submitting a comprehensive Memorandum and engaging a committee of the Working Party, the taskforce failed to consider its input on critical matters involving the teaching service.
Said Macharia: “The Commission’s Board has analyzed the recommendations of the Report, and identified areas that will impact its mandate and functions under the Constitution and Statute Law. Specifically, the PWPER did not only exclude the Commission from the list of institutions visited, but also the list of the organizations that submitted their Memoranda to the party.”
She added: “It is the Commission’s considered request that retaining those clauses will not only affect the mandate of the Commission but will also impair the efficient management of the teaching service. It is against this background that the Commission humbly seeks your intervention with a view to aligning the PWPER recommendations to the Constitutional and statutory provisions relating to teacher management.

This will enhance and promote harmony in the teaching service and education sector at large.”
Among the amendments they challenge include those touching on powers of the Ministry of Education, specifically on teacher recruitment and promotion as well as setting of guidelines touching on schools and internships of trainee teachers.

Read also:

Education Reforms Team Reveals Plans to Reduce TSC’s Powers, Collapse all TTCs

MOE Reshuffles Sub-County Directors in Preparation For TSC Takeover

KNEC Appoints All Deputy School Heads as Contracted Professionals

SRC Reviews Travel Allowance Rates For Teacher, TSC Staff- See New Rates Per JG

MOE Finalizes Plans to Replace Old KCSE Grading System With a New One For 2023 Candidates

KNEC’s Stern Warning to Examiners Concerning Motivational Talks and Workshops

Graduate Teachers to Undergo a Mandatory 1 Year Retooling Programme, Followed By a 1 year Internship

You are Making Our Work Difficult, Heads Tell State

The commission opposes the proposal to give powers to the Ministry of Education to develop guidelines on how all teachers who graduated before 2023 will undergo a mandatory one-year retooling and upgrading programme for compliance with the curriculum change.
According to TSC, the taskforce has erroneously given the ministry powers to carry out the exercise without reference to the Commission on training adding that the recommendation has the effect of restricting employment opportunities for teachers and altering the registration requirements.
Said Macharia: “The recommendation has the effect of restricting employment opportunities for teachers and altering the registration requirements.”
On the proposal to allow the ministry to control operations in learning institutions as well as TSC to decentralize its functions, the commission says the disbandment of the directorate will lead to TSC losing the key functions such as Teacher Registration and Maintenance of the Teacher register, Teacher Performance, Appraisal and Development, Teacher Professional Development, Capacity Building, Improving quality of Teaching Service.
Regarding promotions, deployment of teachers, teacher welfare and institutional administrators which the taskforce recommends that TSC works hand in hand with the Ministry, the commission said that this will render existing policies irrelevant, create ambiguity in the targeted areas of harmonisation as well as lead to potential conflicts in institutional management as the appointment of heads of institution will be a shared role between the Commission and MoE.
Macharia said: “Under the constitution and the TSC Act, strategies for teacher management is a preserve of the Commission. The recommendation to have another entity to co-share in this responsibility will amount to a usurpation of the Commission’s powers and its operational independence.”
On the proposal to have the TSC Act be amended to introduce a new Section 46A, that any person aggrieved by the decision of the Commission may appeal to the Education Appeals Tribunal, Macharia said such an amendment would technically subject all the decisions of the Commission to the proposed Tribunal.
“The proposal will negate the decisional independence of the Commission as provided under Article 249 of the Constitution. The proposed amendment will place the Commission under direct control, supervision and management of the Tribunal,” she said.
On the proposal to have TSC review existing policies and guidelines on Pre- Primary teacher deployment and Institutional administration, the commission said there is likelihood that TSC may be allocated additional functions outside its constitutional mandate.
On the amendments to allow the ministry to review entry grades for pre-service teaching programs, TSC said this will see the subject cluster approach cease being in existence.

Transferring the responsibility to set entry standards of teaching service to the ministry and other entities, she said will amount to usurpation of the constitutional mandate of the Commission.
The proposal to allow MOE to establish a comprehensive school will system where all levels of learning are managed as one institution (PP1 — Grade 9), Macharia said that this will Increase in the number of institutional administrator as well as increase the mandate of the Commission to cover management of Pre-primary education which is a preserve of the County Government.

On the requirement that A candidate with a recognized certificate in a technical subject area from a recognized college shall be considered for Diploma training in the same subject area, TSC said that the prescribed minimum entry mean grade may not be considered at the point of registration adding that this will require a review of the registration requirement and teacher Recruitment policy.
The requirement that the commission should  offer all education graduates an opportunity to undertake a mandatory one-year internship programme upon completion of Pre- service training, TSC said that  internship program before employment will affect the ongoing internship policy and practice by the Commission.
Said Macharia: “The Commission will require additional financial resources to engage all graduates. There will be need for change in the registration requirements.”

The Presidential Working Party on Education Reforms (PWPER) has suggested a mandatory one-year retooling programme for pre-service training graduates, followed by a year-long internship before formal registration as teachers.

The current Grade 7 teachers were retooled from March 13 to 19, 2023 on a face-to-face basis in Teacher Training Colleges (TTCs) and select venues in the country.

The taskforce, led by Prof. Raphael Munavu, noted that the recommendation is timely seeing that the country’s education system is transiting from the 8-4-4 system to the new Competency-Based Curriculum (CBC).

PWPER noted that the Teachers Service Commission (TSC) had already taken action, retooling over 229,000 primary and 55,125 Junior Secondary School(JSS) teachers, covering 82% of the workforce.

Read also:

You are Making Our Work Difficult, Heads Tell State

Kisumu Girls High School closed indefinitely Following Student Unrest

Kisumu Boys High School Razed Down By Fire

Get Ready For Ksh. 16B School Capitation Next Week, Machogu Tells Heads

Breakdown of Disbursed Term 3 Free Primary Education Funds

TSC to Suspend Transfers, Leaves

Government to Scrap Personal Tax Relief in New Proposal

Education Sector Targeted in Six Additional Taxes to Reduce Discrimination

In addition, it has also introduced remote learning to adapt to the changing educational landscape through technological integration which is crucial for effective CBC delivery.

The taskforce observed that the transformation aligns with the UN’s Sustainable Development Goal(SDG) 4 which emphasizes inclusive and equitable education.

Additionally, TSC has introduced Teacher Professional Development (TPD) courses to enhance pedagogical and management skills which ensure that teachers stay tech-savvy.

PWPER also cited mobile applications such as NABU, which offers multilingual children’s books and aligns perfectly with CBC’s goals, providing tools and assessments to enhance critical thinking.

President William Ruto is this morning expected to receive the final taskforce report that if adopted will completely transform the country’s education system.

Prof Raphael Munavu led the Working Party on Education Reforms (WPER) that was tasked with re-evaluating the Competency Based Curriculum (CBC) and is set to present its final report to the head of state this morning at the State House.

“The presentation of our report has been planned for tomorrow at the House. We will share updates and timings with everyone shortly,” a short text message sent by Prof Munavu to the 42 members of the task force stated.

Among the far-reaching proposals made by the team, is the trimming of clipping of the giant Teachers Service Commission (TSC) with the Ministry of Education being empowered to handle quality and assurance standards as the former is left to deal with human resource issues.

Read also:

KCSE, KCPE 2023 Papers to be Picked Twice a Day

DPP Roots for Multi-agency Team to Counter Exam Malpractices

Fate of 53 exam irregularity, malpractice cases over last four years Exposed

This is Why Teachers Will Not be Saved From the Just Introduced NSSF Deductions Despite Existing Provident Fund

African Schools to Embrace African Curriculum in Fresh Proposals

MPs Demand For Speedy CBC Implementation

In the far-reaching policy proposals, the ministry will have a say in the transfer and promotion of teachers, a role that is at the core of the TSC mandate.

The proposal is said to have been informed by the fact that while the Ministry releases billions of shillings to schools, it has no influence over the fund managers who report directly to TSC.

Teachers who wish to continue teaching in primary and secondary schools will have to undergo a one-year mandatory retraining to align them with the demand of the new curriculum.

This is part of the of recommendations of a draft report by the Presidential Working Party on Education Reforms (PWPER).

In the new proposals, the task force members want teacher retraining to align with the Competency Based Curriculum (CBC).

The team argues that retraining will provide teachers with know-how of handling the CBC that has been in implementation for seven years.

The task force, however, proposes that the training be conducted by the ministry of Education, a shift from the previous arrangement where the CBC trainings were conducted by the Teachers Service Commission (TSC).

Read also:

SRC’s New Payment Plans For Public Servants-Teachers Win

Examiners and Invigilators to Wait Longer as KNEC Receives Less Funds

State Under Pressure to address challenges facing CBC

Ministry Orders schools to settle Their Arrears With postal corporation

Distribution of 2000 P1 Teaching Posts in Each County

Distribution of 18,000 JSS Vacancies Per County

TSC advertises 20,000 Teaching Posts-Apply Now

Sources in the task force said in their projection, the transfer of training role from TSC to the ministry should take not more than one year from the time the proposals are adopted.

The team also proposes that the ministry of Education to develop guidelines on how all teachers who graduated before 2023 undergo a mandatory retraining for compliance with curriculum changes.

The team proposes action against a teacher who skips the mandatory retooling as they will not be allowed to teach. This in essence means that those who skip the retraining could be rendered jobless.

The draft report, however, does not mention if the government will foot the expenses of the retraining or the teachers will be forced to foot for their individual retraining.

This has been a bone of contention with teachers unions pushing for funding from government.

Sources in the task force said that they established that the implementation of the CBC faced challenges mainly emanating from inadequate teacher capacity and preparedness.

According to the members, some stakeholders termed the trainings conducted by TSC on the CBC as “superficial, hurried and conducted by unqualified trainers.”

The stakeholders further faulted TSC trainers for giving conflicting approaches to interpreting curriculum designs and failing to comprehensively respond to questions.

Under the proposal to revamp teaching in Kenyan schools, the team proposed the establishment of a single teaching college known as the Kenya Teachers Training College; all other TTCs will be campuses.

The report also proposes lowering of the entry grade to teacher training colleges in marginalised areas, which is yet to be determined.

Universities could be dealt another blow if a proposal by the reforms team to restrict the institutions to only offer degree courses is adopted.

It has been established that the Presidential Working Party on Education Reforms want all universities barred from teaching diploma and certificate courses.

It emerged that the matter has split members of the task force as some argued that certificates and diploma courses all fall under higher education.

“And these can be taught either in university or from Technical and Vocational Education and Training (TVET) colleges. What is however true is that these TVETs cannot teach degree courses,” said a senior member of the taskforce.

Read also:

Education Reforms Team: All Boarding Schools to be Scrapped Except National Schools

Junior Secondary School Capitation Per County

Schools to Receive Course Books by August

Machogu to Appear before Parliament Over Challenges Facing JSS

KNEC Advertises Recruitment of Teachers For KCSE Practical, Oral Papers

TSC Releases Appointment Letters to the First Batch of 13,713 Promoted Teachers

Heads Threaten to Close Schools Due to Capitation Delays

Knut Demands For Public Participation Ahead of 3% Housing Fund Deduction

Others also argued that most universities have middle level colleges that would fall under the TVET arm.

Education stakeholders siting at the Centre for Mathematics, Science and Technology Education in Africa (CEMSATEA) June 6, 2023 for a validation meeting said a proposal was floated to ‘limit universities from offering certificates and diploma courses.

If adopted, this proposal means an amendment to the Universities Act Section 20 (1) (e) would be instituted.

And if passed in Parliament and assented to by the president, this level of academic certifications will only be taught and awarded in middle level colleges.

The proposal now renews the debate on whether universities should be allowed to teach certificates and diploma courses, a matter that was adjudicated twice in court in 2015 and 2021.

Bottom of Form

A first attempt in 2015 by the Kenya National Association of Private Colleges (Kenapco) to challenge the amendment failed at the High Court, clearing the way for universities to offer the qualifications.

Kenapco moved to the High Court claiming that they were the institutions licensed to offer diplomas, certificates and bridging courses under the Technical and Vocational Training Authority (Tiveta) Act.

The University Amendment Act of 2014 under section 20 (1) (e) states that all universities are allowed to offer diploma and certificate courses.

Under the amended law, all public and private universities were allowed to admit students to diplomas, including postgraduate diplomas and ‘other academic certificates.

The institutions were also allowed to admit students to degree courses, including postgraduate degree and honorary degrees.

These were the changes to the Universities Act 2012 that sought to clarify sections of Charter.

Section 20 of the Universities Act previously only allowed universities powers to award degrees, including honorary degrees.

In their case, Kenapco claimed that universities, which are under the authority of Commission of University Education (CUE) and the Ministry of Education, had encroached on their operation by illegally offering courses in the nature of certificates, diplomas and bridging courses.

The National Association of Private Universities of Kenya (Napuk) were enjoined in the suit.

Then education Cabinet Secretary Jacob Kaimenyi supported the plan to restrict universities to only teach Degree and Postgraduate degree programs, noting that offering of certificates and diploma courses should be left to middle level colleges.

The association in court papers argued that the amendment to the Universities Act (2012) through the Statute Law (miscellaneous amendments) Act No 18 of 2014, infringed on their rights.

Kenapco also argued that the amendments were passed and assented into law without any stakeholder consultations or involvement.

“…in particular, the amendment to section 20 (1) (e) as it was enacted without proper public participation by the people of Kenya including the petitioner…,” they argued.

In their prayers, the petitioner wanted universities restrained from marketing, advertising, promoting and or offering diplomas, certificates and bridging courses.

Justice Lenaola dismissed the case filed by Kenapco, the lobby that represented more than 200 member institutions within the Republic of Kenya.

The Kenapco case was supported by CUE that argued that the 2014 law weakened its role as the regulator of university education, making it unable to effectively continue carrying out its mandate.

“The amendments were introduced on the floor of the National Assembly and immediately passed without any reference to the public as well as relevant stake holders and against the ruling of the Speaker to the contrary,’’ CUE argued.

CUE also argued that the amendment amounted to discrimination against colleges and instead favoring the Universities in order to defeat the commercial viability of colleges by denying them the right to fair competition.

“The amendments have resulted in a big conflict between the Universities Act and the Technical and Vocational Training Authority Act in that the said amendments have given the universities mandate to directly offer diplomas and certificate courses which are and ought to be a preserve of Technical and Vocational Training College,” CUE argued.

But this debate did not end there. In 2018, the government made frantic efforts to calm simmering tension in universities.

This was merely three years after justice Lenaola ruling.

At the time, a fresh debate was raging on whether the institutions of higher learning should offer certificate and diploma programmes.

A high-level meeting was convened in September 2018, and it heard that universities are mandated in law to teach certificates and diploma under section 20 (1) (e).

Senior officials of Kenya National Qualifications Authority (KNQA), Technical Vocational Education and Training, attended the meeting.

Also present were officials of Kenya Universities and Colleges Placement Service (KUCCPS) and Curriculum Development, Assessment and Certification Council.

It later emerged that the third push to deny universities the mandate was a result of reports that qualifications offered by some institutions were not standardised.

In fact, it emerged that some students graduating had studied for few academic hours.

Then Principal Secretary in the State Department of Vocational and Technical Education (TVET) Kevit Desai said the government has no intention to stop universities from offering the certificate and diploma qualifications.

“By law, the universities are allowed to teach diploma. But what we are insisting on is that they must be accredited by Technical Vocational Education and Training Authority (TVETA),” Desai said.

Desai however said that the programmes offered must be regulated by relevant authorities to comply with standards set by Kenya National Qualifications Authority (KNQA).

Even with these assurances by the government, a second case was filed in 2021, asking court to declare Statute Law (Miscellaneous Amendment) Act 8 of 2014 to be unconstitutional flopped.

High Court in Nairobi dismissed the case filed by Robinson Kioko which would have barred universities to teach certificates and diplomas.

Kioko, in his suit papers, argued that opening universities to offer education which ought to be taught in technical colleges and institutes does not respond to the needs of the country to have a technical workforce.

Justice James Makau in his judgment said that the law is clear on what each student should have to be enrolled for a certificate and onwards and the number of hours he or she should have learned.

According to the judge, the law does not give learning institutions leverage to dish out certificates or even allow the transition to the next level without proper qualifications and time set for each course.

“This is not intended for all purposes and intention to be used to allow Universities in Kenya to offer Bridging, or Certificate or Diploma and Certificates course contrary to clear provisions; of University Act on legibility of a student to be admitted for undergraduate, or post graduate diploma, masters and Doctorate Programme,” Justice Makau ruled.

He continued: “The Statute law (Miscellaneous Amendments) Act 2014 did not in any way allow universities to offer certificates that would enable students to be admitted in the University.”

Education Cabinet Secretary Prof. George Maghoha urged the court to throw out the case, arguing that it had also been determined by Justice Isaac Lenaola (now a Supreme Court Judge) in 2017.

Boarding primary and secondary schools are likely to be abolished as early as next year if proposals made by the presidential task force on education are adopted and implemented. The team has also recommended far reaching changes that could whittle down the powers of the Teachers Service Commission (TSC).

Should that work out, the Ministry of Education would be granted the mandate to manage day to day operations of schools such as disciplinary and quality standards while TSC will be left with recruitment, registration, employment, deployment and transfer of teachers. However, since TSC was created under Article 237 (1) of the Constitution, with its core function being to recruit, register, deploy, transfer, discipline and terminate teachers’ contracts, reducing some of its powers might require amendments to the Constitution, which would require at least two thirds of Members of Parliament approving such changes or subjecting them to a referendum.

The team has proposed the referendum route. Public universities Among other changes, the team led by Prof Raphael Munavu has also recommended that the Ministry of Education increase of capitation to support free education. Headteachers have in the past lamented that the amount of money allocated to every learner per year was not sufficient for the efficient running of schools, expansion programmes and other exigencies, such as paying salaries for non-teaching staff.

Read also:

Junior Secondary School Capitation Per County

Schools to Receive Course Books by August

Machogu to Appear before Parliament Over Challenges Facing JSS

KNEC Advertises Recruitment of Teachers For KCSE Practical, Oral Papers

TSC Releases Appointment Letters to the First Batch of 13,713 Promoted Teachers

Heads Threaten to Close Schools Due to Capitation Delays

Knut Demands For Public Participation Ahead of 3% Housing Fund Deduction

School Inspections to Intensify as Education Directors Get New Patrol Vehicles

On higher education, the taskforce has recommended major reforms in the management of public universities, many of which are staring at possible insolvency and are weighed down by debts running into tens of billions of shillings. It has, for instance, proposed that the Higher Education Loans Board (HELB), Kenya Universities and Colleges Central Placement Service (KUCCPS) and Universities Fund Board be merged into one entity that will undertake all the roles and mandates previously executed by the three independent institutions.

The team has compiled its final report and is now ready to present it to President William Ruto at the earliest opportunity, probably today, when its term is set to expire. Insiders say that though the report has far-reaching recommendations that could transform the future of education, the cost of its full implementation is likely to cross the Sh300 billion mark. The team has proposed that its report be implemented over the next five years, putting the annual cost of the reforms at about Sh60 billion. Student unrest Should its proposal that all public primary and secondary boarding schools be abolished, 32,437 primary and more than 3,000 secondary schools will be converted into day schools.

Only the 105 national secondary schools will be allowed to remain as boarding institutions. In return, they will be turned into centres of excellence with the mandate of admitting students transiting from Junior Secondary School (JSS). In the past, boarding schools have been rocked by cases of student unrest leading to burning of dormitories. In recent months, some boarding schools have been hit by health crisis, leading to the hospitalisation or death of some learners due to lapses in health and sanitation. To determine which learners will proceed to regular day schools and who will be admitted to the centres of excellence, the taskforce has recommended the introduction of comparative scores to gauge which candidates are suitable for which type of institution.

Under the Competency Based Curriculum (CBC), JSS comprises Grades 7, 8 and 9, after which learners progress to Senior Secondary (Grades 10, 11 and 12). Unlike their current 8-4-4 system counterparts, whose examination results are used to determine their progression to the next level, CBC has adopted a continuous assessment-based system in a bid to weed out the cut-throat competition associated with national examinations such as KCPE and KCSE. Debate over whether to abolish boarding schools took centrestage at various public engagement forums organised by the taskforce, with some stakeholders holding the view that learners need to be close to their parents and guardians during their formative years. The taskforce, also known as the Presidential Working Party on Education Reforms, has finally proposed that boarding schools be done away with in phases. “Depending on the availability of financial resources to upgrade all the nonnational schools to the same status as the latter, the abolishment should be within a time frame of five years,” part of the PWPER report states.

On funding, the team wants the government to increase the annual capitation per child in primary schools from a paltry Sh1,400 to Sh5,000. For learners in secondary schools, it has proposed that the capitation be raised from Sh22,244 per learner per year to at least Sh30,000 to reflect the current high cost of commodities used in schools, such as food and learning materials. On separation of powers between the ministry of Education and TSC, the team wants duplication of duties by Quality Assurance and Standards officers, deployed by both the ministry and TSC abolished.

The two institutions have been at loggerheads over this function, with each issuing different directives at the county level, where both are represented. The task force now wants the government to domicile quality assurance at the ministry, which should also have exclusive authority to oversee functions in all basic education institutions. Says the report: “The Directorate of Quality Assurance and Standards should be conferred with operational powers in law to enable it enforce laws, policies and guidelines of the Ministry and any other Ministries, Department and Agencies that pertain to basic education institutions.” School auditors, who currently report to the Ministry of Education, would also have to be redeployed because the taskforce has recommended that their job be done by officers from the Office of the Auditor-General.

Equally, the team wants the Ministry of Education, Council of Governors (CoG) and TSC to agree on a centralised management of nursery and primary school teachers. This should also be the case with tutors in Technical and Vocational Education and Training (TVETs). Scheme of service ECDE institutions and teachers are managed and paid by the respective counties while TSC undertakes their registration and disciplinary matters.

Now the Munavu team wants ECDE teachers managed alongside their counterparts in primary schools. Tutors in TVETs are currently managed under four different categories; Technical Training Institutes (TTIs), Polytechnics, Vocational Training Centres (VCTs) and Technical Training Colleges. Some of the tutors and institutions are under counties, others under the Ministry of Education while others fall under the Office of the President or under the Public Service Commission. The tutors lack a scheme of service and career progression guidelines, which has affected their morale and denied them regular salary reviews afforded to other civil servants.

And to end the apparent tussle between the government and some sponsors, particularly religious organisations, the taskforce has proposed that all land title deeds belonging to educational institutions be registered in the name of the Ministry of Education as a trustee. That means before the government registers a new public learning institution sponsored by a private entity, that sponsor must surrender its title deed to the ministry. On universities, vice chancellors will be competitively appointed through select panels set up by respective university councils. Meanwhile, chancellors — who have in the past been presidential appointees — will be selected by university senates and councils if the proposals in the report are adopted. A combined team of a university senate and council will submit names of three candidates to the Education Cabinet Secretary to select to be the chancellor.

The education reforms task force, lead by professor Raphael Munavu, held a closed-door meeting at the Centre for Mathematics, Science and Technology Education in Africa (CEMASTEA) on Tuesday 7 June 2023 to validate their findings, raising concern over the public process.

“The party has been working since its inception to achieve its Terms of Reference as stipulated in the Gazette Notice. In this regard, an open forum has been organized to present the draft report to stakeholders for validation,” reads the invite by Prof Raphael Munavu.

Confidential source in the meeting disclosed that the team, in its interim report recommended trimming of powers of the teachers’ employer, harmonising quality assurance and reducing subjects for Junior Secondary learners.

Creation of TVET Commission that would be responsible for all human resource functions for staff in middle-level colleges was also proposed in addition to reviewing of capitation disbursement plan.

Team also wants TSC to employ nursery teachers, a function presently performed by county governments.

It however emerged that the stakeholders were not handed the interim report and only benefited from presentations made in a rush.

Read also:

Schools to Receive Course Books by August

Machogu to Appear before Parliament Over Challenges Facing JSS

KNEC Advertises Recruitment of Teachers For KCSE Practical, Oral Papers

TSC Releases Appointment Letters to the First Batch of 13,713 Promoted Teachers

Heads Threaten to Close Schools Due to Capitation Delays

Knut Demands For Public Participation Ahead of 3% Housing Fund Deduction

School Inspections to Intensify as Education Directors Get New Patrol Vehicles

Former Mukumu Principal May Not be Charged, Machogu

The key proposals however show that the Teachers Service Commission (TSC) may lose some powers if the recommendations of the education reforms committee are adopted in their final report.

TSC is created under Article 237 (1) of the constitution commission with its core function being to recruit, register, employ, deploy, transfer, discipline and terminate teachers’ contracts.

The task force however wants a separate body created and bestowed with the functions of regulation of the teaching profession.

This means that TSC would only perform human resource functions and would relinquish regulatory powers to a separate entity.

Meeting heard that an amendment through the act of Parliament or referendum would be required to effect the changes to TSC powers.

The Standard has also established that the Quality Assurance and Standards (QAS) functions presently being performed by TSC would be harmonised and centralised.

Ministry of Education also performs similar functions and to avoid duplication, task force members heard that TSC may also lose this mandate in new reforms.

TSC and the Ministry of Education have been at loggerheads over these functions as each issued different directives at County levels.

The task force now wants the government to ensure QAS is domiciled at the ministry and has exclusive authority to oversee the functions in all basic education institutions.

“Directorate of Quality Assurance and Standards should be conferred with operational powers in law to enable it enforce laws, policies, guidelines of the ministry and any other Ministries, Department and Agencies (MDAs) that pertain to basic education institutions,” the meeting heard.

The meeting also heard of proposals to review of the National Education Quality Assurance and Standards Framework (NEQASF), to consolidate and publish widely prescribed education standards for easy access by all stakeholders.

Sources in the meeting disclosed that a move to lower entry grade to teachers training colleges was also discussed and moving forward, some reforms proposed to streamline training.

The taskforce on education has made far-reaching proposals that would include collapsing all Teachers Training Colleges (TTCs) into one autonomous entity. As it rushes to beat the June 9 deadline to wind up its operations, the Working Party on Education Reforms has also proposed that the Teachers Service Commission (TSC) cede some of its powers of managing schools and disciplining of teachers to the Ministry of Education.

This is likely to cause controversy as the powers and duties of the commission are prescribed in the Constitution and any alterations must be subject either to a twothirds vote in Parliament or, if need be, a referendum. However, if the team headed by Prof Raphael Munavu gets its way, TSC will be reduced to only hiring and deployment of teachers while the Ministry of Education will claw back some power and responsibilities.

Read also:

We Will Fight in Court Over 3% Housing Levy, Omtata tells Ruto

University Students Declare Support For Finance Bill

Capitation Delay Causes Suspension of School Co-curricular Competitions

Report: Kalenjins Form Majority of Teachers Recruited in  January

Machogu: Teachers are Living in Poorly Constructed Houses, Will Benefit More From Housing Tax

Kipsang: Secondary Schools to Get Capitation Next Week

Crisis as Universities Operate Without Vice Chancellors

A member of the taskforce said it was erroneous for TSC to have been allowed to operate as both an employer and regulator. He spoke as the team members prepare to go for a final retreat during which they will fine-tune the final document for presentation to President William Ruto in ten days. University councils Among other far-reaching proposals, the team also recommends that the Public Service Commission (PSC), Cabinet Secretary for Education and the President delinked from the hiring of University Vice Chancellors and members of University Councils.

The team also recommends that the Public Service Commission, Cabinet Secretary for Education and the President delinked from the hiring of University Vice Chancellors and members of University Councils. Under the proposed arrangement, there would be one main TTC, with the rest of the colleges being run as affiliate campuses. members and VCs and other managers has been marred by politics, drawing in the involvement of the Office of the President, sometimes whittling down professionalism and merit.

“The management of universities should be left to professionals with minimum involvement of politicians, the Cabinet Secretary, the President and Ministry of Education,” a member of the task force told the People Daily in confidence.

On the current rivalry between TSC and the Ministry of Education, where each is running parallel offices in counties, the task force has recommended that TSC’s be whittled down. TSC, the draft report says, should only be left with the powers of hiring, promotion and deployment of teachers, the same way the Public Service Commission operates.

To actualise this, the team has recommended that Article 237 (1) of the Constitution be changed, since TSC is a constitutional commission, to cap its functions to primarily register, recruit and employ registered teachers. Besides hiring, TSC is empowered to assign teachers for service in any public school or institution, promote and transfer teachers, discipline and terminate their employment, mandates that give it sweeping powers, all of which are enshrined in the Constitution. Working Party on Education Reforms has proposed that TSC cede some of its powers to parent ministry.

Last week, Education CS Ezekiel Machogu named councils and vice-chancellors in appointments that affected 14 universities, many of which had operated without substantive office holders for over a year. Removing the CS and President from university appointments could potentially reduce politicising of the positions and increase their autonomy by reducing patronage. On TTCs, the team also recommends that they be run on the model used by the Kenya Medical Training College (KMTC).

Unlike in the present scenario where each TTC is run independently in terms of operations and management, the task force has recommended that their management be centralised and their management to be under one overall Chief Executive Officer (CEO) and one management board. Currently, each TTC has a Principal (who acts as CEO) and its own board. Cut-off points Under the proposed arrangement, there would be one main TTC, just like the Nairobi based KMTC, with the rest of the colleges being run as affiliate campuses. “As currently constituted, TTCs are run and funded like secondary schools, which is the reason they have been run down. But in the proposed set up, they would be operated at the level of tertiary institutions and completely independent of TSC and the Ministry,” part of the report to be presented to the President reads.

Besides the change of their operational structure, the task force also recommends to lower the minimum entry grade to a C plain, down from the current minimum grade C+. In addition, a student is required to have scored at least a C Plain in every subject tested. According to the team, the higher cut-off points have in the past locked out many deserving students. Ironically, there are only 3,000 trainees in all the 30 TTCs against an annual capacity of 22,000.

Lowering the minimum entry requirement would address the current trainee shortage and, in the long run, reduce the teacher shortage in schools. Another big departure from current practice is a proposal to ensure all teachers in primary schools specialise in given subjects. At present, many primary school teachers — particularly in lower primary — are jacks-of-all-trades, handling all subjects in a class.

This will change if the proposal is adopted. On the management of universities, the task force has proposed the amendment of the Universities Act (2012) to take back the powers of hiring VCs and their deputies to councils instead of the Public Service Commission. “University Councils should be appointed by the Cabinet Secretary in charge of Education on recommendation of a panel established for that purpose,” the draft report reads in part. “The procedure for appointment of university top management…VCs, DVCs, principals and deputy principals of constituent colleges, should revert to university councils in consultation with the Cabinet Secretary”. Professionalism Should the proposals be adopted, only prominent personalities with requisite expertise and experience would be appointed as council chairpersons and members to provide the necessary oversight.

The term for the Presidential Working Party on Education Reforms (PWPER) has now been extended to June 9. Head of Public Service, Felix Koskei announced the extension in a Gazette Notice dated April 12. “It is notified for the general information of the public that President William Ruto has extended the term of the Presidential Working Party on Education Reform appointed vide Gazette Notice No. 11920 of 2022 to June 9,” said Koskei.

The working group, led by Prof Raphael Munavu, had sought an extension of its term, which was to end last month to fine tune the report. Similarly, sources privy to the working group said that there was need for validation of the report, through a national conference to allow public participation. The official also stated that the public participation forum will further give the report validity and acceptability, hence the need for extension of tenure to deal with such critical issues.

Read also:

Ruto Reveals Government’s New Double Funding Mechanisms For Universities and Colleges

Official List of 2023 JSS Trainees per county

KUPPET Protests Transfer of Mukumu Girls Principal

This is Why KUCCPS Will Not Conduct 2023 University and College Placement Soon

Robbers Steal ksh1.3 Million for Chebisaas teachers’ trip to Mombasa

Revealed: Why KUCCPS Has Delayed Calls For Second Revision

Jobless Graduates to Be Exempted from Interest on Helb in New Proposal

Ruto Explains Why He is Scrapping Helb and KUCCPS This Year

“We are seeking an extension because time ended in March but there are still things that need to be taken care of before it is finally submitted. You know Kenyans will say we went round and collected views but you did not come back so that we can know whether what we told you is in the report. If it is not validated, people may go to court and mess up the whole process again,” sources said.

The official said the report is almost done though the toughest part of the process was university education, which required extremely bold decisions. The university sector has been ailing for several years now and requires bold moves to correct it once and for all. “Our biggest thing will be university education and once we crack it with the working party, it will be the most critical thing for this country,” said the official.