TSC to be summoned by CAJ over irregularities and indiscriminate recruitment.
The Commission on Administrative Justice (CAJ) is looking into the Teachers Service Commission (TSC) for irregularities and indiscriminate hiring of senior managers, deputies, and commissioners.
The CAJ, also known as the Ombudsman and chaired by Ms Florence Kajuju, is conducting the investigations in response to a petition filed by Ms Pauline Mumbua.
According to the petition dated November 23, the appointment of senior managers and commissioners at TSC favours one region and thus does not reflect the face of Kenya, which is contrary to the constitution and the National Cohesion and Integration Act of 2008.
The law states that “it is unlawful for a person to discriminate against another in the arrangements he makes for the purpose of determining who should be offered that employment.”
“Whereas the commissioners and senior managers are supposed to reflect the face of Kenya,” Ms Mumbua’s petition states that the current composition at TSC paints a different picture.
CAJ received the petition on December 2, 2021, according to Ms Kajuju.
“Our complaints office will write to the TSC, which is the institution complained against, for a response on the issues highlighted in the petition. The management of TSC will then be summoned to appear before CAJ to state its case,” Ms Kajuju said.
Section 7 of the Act mandates ethnic diversity in public entity staffing and requires all public establishments to aim to represent the diversity of Kenyans in their hiring practices.
The law also states that no public establishment shall employ more than one-third of its employees from the same ethnic community.
Ms Mumbua says the composition of senior managers and commissioners at the TSC favours the Mount Kenya region as it has been given the lion’s share.
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The petition was also delivered to the Director of Criminal Investigation (DCI) George Kinoti and the Director of Public Prosecution (DPP) Noordin Haji.
According to the petition, five of the TSC’s 11 senior managers are from the Mount Kenya region, accounting for roughly half of the senior management, two are from the Rift Valley and Nyanza, and the rest are from other regions.