The Administrative Justice Commission (CAJ) is probing the Teachers Service Commission (TSC) on irregularities and indiscriminate recruitment of senior managers, their deputies and commissioners in the commission.
The investigation by the CAJ, also known as the Ombudsman and headed by Ms Florence Kazuju, comes in the wake of a petition filed by Ms Pauline Mumbua.
The 23 November petition claimed that the appointment of senior managers and commissioners in the TSC favors one region and, therefore, does not reflect the face of Kenya, which is contrary to the Constitution and the National Reconciliation and Integration Act of 2008.
The law states, “It is unlawful for a person to determine that he discriminates against another person for the purpose of offering that employment.”
“While commissioners and senior managers should reflect the face of Kenya, the current structure at the TSC paints a different picture,” Ms Mumbua’s petition read.
The petition was received by the CAJ on December 2, 2021. Yesterday Ms. Kajuju told the Sunday Nation that the petition had been received by the CAJ’s Grievances Office.
“Our Grievances Office will write to the TSC, against whom the complaint is made, for a response on the issues highlighted in the petition. The management of the TSC will be called to appear before the CAJ to explain its case,” Ms. Kajuju said.
Section 7 of the Act provides for ethnic diversity among employees of public institutions and all public establishments shall endeavor to represent the diversity of the people of Kenya in the employment of employees.
The law further states that no public establishment shall have more than one-third of the employees of the same ethnic community.
“When you take a closer look at the composition of senior managers and commissioners at TSC, it is clear that the Mount Kenya region is the favorite because it has the lion’s share,” says Ms. Mumbua.
A copy of the petition has also been filed with Director of Criminal Investigation (DCI) George Kinotti and Director of Public Prosecutions (DPP) Noordin Haji. The petition claimed that five of TSC’s 11 senior managers are from the Mount Kenya region, nearly 50 per cent are from senior management, two from the Rift Valley and Nyanza, with the rest shared in other regions.
The petition claimed that “the appointment of these commissioners was planned to protect the current CEO Nancy Macharia and involved senior government-related persons.
Do you agree that there is no regional balance in the appointment of top TSC officialls, what should be done to achieve it. Share your thoughts below.