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OPINION: Reduce powers of TSC and impeach Nancy Macharia



By: Nurdin Abdi

Our legislative leaders should start walking the talk. Enough has been said about the TSC Secretary in political rallies and press conferences. 

It is time to move a two-pronged  fight on the floor of the house. First approach should seriously  consider clipping her powers through amendments of TSC Act 2012. This strategy  can also be included in the coming referendum on BBI. 

The other option is impeachment.There are concrete grounds to level charges against her in parliament. No government official is above the law. Nancy has committed various  impeachable offenses. Impeachment may not in itself remove her definitively from office. However, it is a process worth commencing. 

The accusations against the CEO include but not limited to the following:  

1. Discrimination: she openly displayed biased and prejudicial treatment of Kenyan teachers particularly on the grounds of locals and non-locals (Somalis & non-Somalis).

This is in total disregard to Constitution of the Republic of Kenya. Section 82 provides the core protection from discrimination. It prohibits discrimination on grounds of race, tribe, place of origin or residence, political opinion, colour, creed or sex.

2. Denial of educational rights to Kenyans. The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights . 

The right to education is reflected in international law in Article 26 of the Universal Declaration of Human Rights and Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights. Kenya is a signatory to this international  conventions. 

The Constitution of Kenya, in Article 53 (1) (b) state that every child has a right to free and compulsory basic education and Article 55 (a) the State shall take measures, including affirmative action programmes, to ensure that the youth access relevant education and training.

3. Contempt of Court: On various occasion, the Commission ignored court orders. For instance, in 2015 the Employment and Labour Relations Court halted the recruitment of the 70,000 relief teachers but TSC proceeded with the recruitment.

The appointment letters were signed by TSC county directors on behalf of the TSC chief executive and teachers deployed to schools.

The writer is a development worker with a keen interest in human rights and social advocacy


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