Probably, the solution to staffing issues in remote schools is legal

Director of Public Prosecutions Noordin Haji once intimated his desire to sue the Teachers Service Commission (TSC) for lack of teachers in Garissa, Mandera and Wajir, among other northern counties. Addressing a stakeholders meeting on education in Garissa, he mentioned that there are schools in that region with as few as one teacher.

It is rare for a senior public official to sue the government that he/she serves, especially for non-personal matters. That Mr Haji contemplated doing so—presumably in his personal capacity—is testimony to the frustration of the residents of the “hard to staff regions” owing to lack of teachers. It is also a new chapter in the awareness among the citizens of the ways and means of fighting for their rights. It is also an indication that they are willing and able to raise their grievances through alternative avenues other than meekly making requests for teachers from the TSC.

But how did we get to this point?

Three major reasons come to mind. First, historically, there have been regions, such as the arid north, which are underdeveloped in terms of infrastructure and are, thus, not attractive to public servants to work in. Secondly, there have been serious cases of insecurity in certain parts of the country. These incidents scare away public servants.

Demand for teachers

Thirdly, in the case of education, there is uncoordinated establishment of schools, leading to the insatiable demand for teachers even in small unviable ones. Fourth, the government has not seriously addressed the incentive structure of public servants in these areas. And fifth is inadequate budgetary allocation to the TSC by the National Treasury.

In spite of these challenges, however, the Constitution provides for certain rights. First, every child has a right to free and compulsory education. Secondly, every child has a right to be protected from abuse, neglect, harmful cultural practices, all forms of violence, human treatment and punishment and hazardous or exploitative labour. In addition, Article 249 (3) of the Constitution states that “Parliament shall allocate funds to enable each commission and independent office to perform its functions”.

This provides good grounds for litigation. Were Mr Haji to make good his intention to sue the TSC, it would lead to a situation in which other organs of the government that provide security, water, health services and infrastructure are enjoined since these functions are outside the ambit of the TSC.

Incentive structure

 So, what is the way forward? One, the incentive structure for teachers in “hard to staff areas” should be reviewed. I learnt during my study visit to Australia—which is 14 times the size of Kenya, with desert conditions in some places — in 1999 that a teacher who works in difficult circumstances for three years continuously is granted a year’s leave with full pay. They are also promoted within a shorter time span than those elsewhere.

Why don’t the authorities legalise utilising the Equalization Fund to top up — even double — teachers’ salaries in the affected regions to attract and retain them there?

Secondly, infrastructure in these regions requires some sort of a Marshall Plan. Insecurity has reduced between Isiolo and Marsabit, Marich pass and Lodwar upon the completion of good roads there. Provision of water, especially near schools, will certainly improve the attractiveness of the institutions.

Thirdly, there is a need for a coordinated and controlled establishment of schools between the TSC, the ministries of Education and National Treasury (the source of Constituency Development Fund). That will optimise utilisation of teachers, leading to a better spread of those available.

Funds for recruitment

Fourthly, Parliament must ensure provision of funds for teacher recruitment. The TSC, in its 2019-2023 strategic plan, seeks to employ 25,000 teachers every year. But that has not been achieved, largely for lack of funds.

Finally, insecurity must be addressed conclusively. Whereas in the north eastern region and Lamu it mostly affects non-local teachers, the situation in the Kerio Valley and the Amaya Triangle is tragic due to rampant killing and displacement of parents, teachers and students over three decades by bandits.

It will be interesting to see whether one can address this challenge through legal means.

Mr Sogomo, an education expert, is a former secretary of TSC. [email protected]. @BSogomo