MPs urge reversal of ban on transferring teachers outside their home counties
Macharia explained that the reversal of delocalisation has created a significant challenge in balancing teacher staffing across different regions.
The Teachers Service Commission (TSC) is now caught in a legal and operational dilemma as MPs push to reverse a 2022 resolution that halted the transfer of teachers outside their home counties.
The resolution, initially passed by Parliament on November 3, 2022, was in response to concerns raised by Lurambi MP Titus Khamala, who argued that the delocalisation policy disrupted teachers’ lives and lacked a clear framework.
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Khamala’s motion pointed out that the policy led to instability in teachers’ families, particularly for those transferred to distant counties.
The directive, which required the TSC to return teachers to their home counties, led to more than 14,700 teachers requesting transfers.
However, TSC CEO Nancy Macharia expressed frustration with the limitations imposed by the resolution.
“We got a resolution of the committee stopping delocalisation, meaning you can’t transfer a teacher outside the sub-county,” Macharia noted, pointing out how the ban hindered the commission's ability to distribute teachers efficiently across the country.
Initially implemented in 2017, the delocalisation policy required teachers to serve in regions away from their homes for a certain number of years before being transferred back.
This policy was extended to include headteachers and principals, which led to a backlash from teachers’ unions and advocacy groups.
The controversy eventually led to the return of many teachers to their home counties, but the process has caused ongoing staffing issues.
Macharia explained that the reversal of delocalisation has created a significant challenge in balancing teacher staffing across different regions.
“If we were allowed to transfer teachers across counties, we could balance staffing,” she said.
The MPs, led by the Committee on Implementation of the Constitution, have now raised concerns over the legal validity of the parliamentary resolution.
“If the law provides for fair distribution, it is superior to a resolution,” Committee Chairman Eric Karemba remarked.
The committee is also addressing the continued staffing shortages in schools, particularly in CBC subjects, and has questioned whether Parliament's actions are undermining the TSC's constitutional mandate.
The debate continues as MPs clash over whether resolutions should override legal frameworks, with both sides asserting their perspectives on the matter.
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