MPs want teacher redeployment policy scrapped amid concerns of discrimination

Members of Parliament have called for the abolition of the Teacher Redeployment Policy, which has been in effect since 2018, arguing that it has led to imbalances in the employment and deployment of teachers across the country.

The delocalisation policy requires the Teachers Service Commission (TSC) to transfer teachers to areas outside their place of origin to prevent conflicts of interest in school management.

However, legislators say the policy has caused unfair teacher distribution, particularly affecting certain regions.

The Constitutional Implementation and Oversight Committee (CIOC) of the National Assembly expressed concerns that the policy has created regional disparities in the deployment of teachers. The committee, chaired by Runyenjes MP Erick Muchangi, raised these concerns during a meeting with the TSC.

Muchangi pointed out that the policy, which has been in place since 2018, was not backed by law, making its implementation problematic.

“This is the constitutional oversight committee of Parliament. Which law are you using for this policy?” he asked TSC Chief Executive Officer Nancy Macharia.

Muchangi further emphasised that a resolution passed in Parliament holds no legal force and cannot serve as the foundation for such an important policy.

“We need to find a place in the law and the motion passed as a resolution of the house,” Muchangi added.

TSC boss Macharia defended the commission, asserting that it had received letters from Parliament regarding the resolution passed on the relocation policy.

“The resolution was passed by this House, and you are the parliamentarians who make laws. If you want to change it, then we stand guided, and we will implement what you say,” Macharia said.

She further explained that the Commission had appeared several times before both the Education and Implementation Committees, which had been reviewing the status of the policy’s implementation.

“The implementation committee has been following up on the status of implementation of the policy. Remember, I was almost impeached because of this policy. So what should I do?” she posed.

No legal authority

Muchangi, however, remained firm in his stance, stating that a resolution passed in the form of a motion had no legal authority, and thus, the TSC could not rely on it to implement such a significant decision.

“When you say you received a letter from Parliament, can you tell us who in particular? Is it from the Clerk, Speaker, or Majority Leader? We would like you to furnish this committee with that letter,” Muchangi said.

Other Topics To Read

• Education
• Teachers Service Commission
• Kenya National Union of Teachers
• Teachers Service Commission (TSC)
• TSC Chief Executive Nancy Macharia
• MPs want teacher redeployment policy scrapped amid concerns of discrimination
• Headlines

Tongaren MP John Chikati also raised concerns about the policy’s negative impact on teacher recruitment. He accused the TSC of using the policy to discriminate in the recruitment process, leaving certain regions under-represented in the teaching workforce.

“Our people are not being employed because TSC is relying on this policy. We have many graduates. We have teachers who got a TSC number in 2009 but have not been employed, but another who got a TSC no. in 2022 is already employed. Why can’t we have a system where all those who graduated earlier are employed first?” Chikati posed.

He added that the Constitution does not limit where a civil servant should serve.

The Teacher Redeployment Policy was introduced by the Teachers Service Commission (TSC) in 2017 and rolled out in January 2018. The policy initially focused on principals and headteachers, later cascading down to deputy headteachers, assistant headteachers, senior teachers and classroom teachers.

The policy was designed to address potential conflicts of interest caused by long service at the same school, to promote cohesion among Kenyan communities, and to enhance national unity.

The Constitution, under Article 237, gives the TSC the mandate to recruit and employ registered teachers and assign them to schools or institutions throughout the country. This means that the TSC has the authority to deploy any teacher to teach in any part of the country.

Under the redeployment policy, teachers aged 56 and above, those with medical conditions, and teachers caring for a spouse, child, or dependent with an exceptional disability are exempt from redeployment.

In December 2018, the TSC transferred 3,094 teachers, with only 360 appealing the transfers.