Education Cabinet Secretary Jacob Kaimenyi beats retreat on new rules

Education Cabinet Secretary Jacob Kaimenyi on Monday admitted that the controversial Basic Education Regulations 2015 that he gazetted last week had shortcomings.

Prof Kaimenyi, who spoke after meeting Teachers Service Commission (TSC) top brass in Nairobi, acknowledged that the regulations “were not 100 per cent good”.

The meeting was viewed as an attempt to mend fences and reach a consensus with the teachers’ employer which had termed the regulations as unconstitutional.

SIT DOWN AND DELIBERATE

“We have agreed that a number of sections such as the definition of a head of institution is in contention and we will sit down and deliberate,” said Prof Kaimenyi who was flanked by TSC chairperson Lydia Nzomo.

Prof Kaimenyi said he met the TSC bosses to exchange ideas on various issues affecting the education sector. He said the regulations have since been submitted to the National Assembly as required by law. His ministry would abide by what the Committee on Delegated Legislation recommends.

According to the Statutory Instruments Act, the National Assembly is required to establish whether the regulations were in line with the Constitution and the Act that gives the Cabinet Secretary power to prepare them.

It can then decide whether to annul part of the regulations or throw them out altogether but cannot amend them.

However, Prof Kaimenyi maintained that the regulations were good for the education sector, saying he had sought the advice of Attorney General Prof Githu Muigai before gazetting them.

On her part Dr Nzomo said: “We are 99 per cent satisfied with the regulations, it is only one or two issues that need to be discussed. We believe that these regulations are good for the education sector.”

The bone of contention in the regulations is the decision by the CS to appoint school heads as his agents as well as being accounting officers in their schools.

The school heads are also to be team leaders in implementation of the ministry’s policies and programs in their institutions.

They will also be expected to initiate policy proposals for considerations by the County Education Boards.

“Where any impropriety is established on the part of a head of institution, the CS shall forthwith revoke the designation of such head as the accounting officer and request the TSC for a replacement,” the regulations state.

DISCIPLINARY ACTION

TSC would then be expected to institute disciplinary action against the concerned school heads.

However, teachers unions opposed the rules, saying they will plunge the education sector into chaos as all stakeholders were not involved conclusively in their formulation.

On Monday, Prof Kaimenyi said the ministry had decided to work closely with TSC in order to ensure that all its directives are implemented.

“We want to work very closely with the commission and in the spirit of friendship. We have been having conflicts between TSC directors and county directors of education but we have agreed to resolve these issues and work together,” said Prof Kaimenyi.

He urged TSC to speed up disciplinary actions against teachers saying that the 8-member commission was now fully constituted.