EXPERT COMMENT

JANET OUKO: TSC should be supported in disciplinary efforts

The best we can do is support Teachers Service Commission to develop a robust law and policies.

In Summary
  • I don’t know whether there is anyone with the interest of teachers at heart more than the Teachers Service Commission.
  • I am sure the TSC doesn’t want to stifle teachers but wants to see how they can have a competent teaching force.
Janet Muthoni Ouko
Janet Muthoni Ouko
Image: FILE

I have looked at the proposals by the TSC against the existing law.

The Third Schedule talks about disciplining teachers.

From the time the law was enacted in 2012, there has been quite some evolution and emerging issues on matters of discipline.

You cannot administer discipline if it's not in the law. That is a major loophole in the TSC disciplinary process that now has to be arrested with this opportunity of amending the Act.

Some of the proposals in the bill, such as cyberbullying, were not as pronounced in 2012 as they are now.

We have also seen advancement in the kinds of sexual harassment issues. In my reading of the proposals, I see the TSC responding to the need to protect learners and ensure people don’t run away from discipline just because the law is not clear.

For the proposals, such as the one on additional fees, the issue is about what the law says.

Whether the circumstances in a school allow someone to charge extra levies, what does the law say about levies?

The supreme law – the Constitution - is against it. It says there shall be free and compulsory basic education.

Every Act must, therefore, align itself with the provisions of the Constitution.

It is the responsibility of every concerned institution to align their policy decisions with the law. I know teachers might find themselves in situations where they have to make decisions – like charge more levies -  but the law is for posterity.

Looking at the proposals in summary, I don’t know whether there is anyone with the interest of teachers at heart more than the Teachers Service Commission.

I am sure the TSC doesn’t want to stifle teachers but wants to see how they can have a competent teaching force.

Just like the way a parent would feel if a teacher is not punished, let’s also allow the TSC to deal with the loopholes in the law.

The best we can do is support the Teachers Service Commission to develop a robust law and policies that will enable it to give us a competent and disciplined teaching force.

Tunza Mtoto Coalition executive director spoke to the Star


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