TVETA and KNQA Fight Over Supervisory Roles
A vicious battle has erupted among state agencies in charge of regulating higher education qualifications.
The Kenya National Qualifications Authority and the Technical and Vocational Education and Training Authority are at odds over who will be in charge of what.
The dispute arose as a result of the KNQA’s decision to levy fees on students, which TVETA believes falls under its jurisdiction.
On Thursday, lawmakers in the National Assembly’s Public Investment Committee raised concerns about the qualifications agency’s liability.
The concern is that KNQA is carrying out tasks that are in conflict with the mandates of the Commission of University Education, TVETA, and KNEC.
Nairobi resident George Bala filed a lawsuit against the CS and six others, alleging that the KNQA is claiming to recognize, equate, verify, and approve national and foreign academic qualifications when it lacks the legal authority to do so.
His argument is that the Commission for University Education and TVETA are in charge of this function.
Prof Juma Mukhwana, director-general of the KNQA, struggled to explain the legal basis for charging fees to students seeking their services to a committee chaired by Mvita MP Abdulswamad Nassir.
During the meeting, it was revealed that KNQA was carrying out its operations in violation of the law because it had not been ratified by the National Assembly.
PIC questioned Prof Juma about why the regulations allegedly drafted by Education CS George Magoha were not put through the parliamentary process to give them weight.
“Efficiency means low legal challenges. The law works that any regulation has to pass through Parliament for it to have legal standing in line with Statutory Instruments Act,” Nassir said.
In his response, Juma stated that he was hearing the claims for the first time and that he acted on the assumption that the CS followed the procedures.
Nassir, on the other hand, maintained that the information available to the PIC and the Delegated Legislation Committee indicated that the regulations had not been approved by Parliament.
He stated that the current situation of state corporations fighting each other must be ended.
The University Act, for example, states that CUE must recognize and equate diplomas and degrees.
As a result, PIC believes that KNQA, which was established in 2016 to combat the proliferation of quack colleges, should set standards for other institutions to follow.
Juma, on the other hand, lamented that there was a hidden hand behind the institutions’ latest, dragging his TVETA counterpart into the quagmire.
He claimed that the state lawyer, with whom they were directed by the Head of Public Service to work to resolve the dispute, had refused them an audience.
Prof Juma went on to say that KNQA does not recognize or equate qualifications from established institutions like TVETs, but rather an examination bodies like Knec and Kasneb.
“Our interpretation of the TVET Act shows they were given a mandate they were not qualified for. TTIs teach but exams come from exam bodies.”
However, MPs cautioned the CEO against insinuating that the “hidden forces” he alluded to were the ones who brought the matter before the committee.
The DG was also chastised for his contradictory statement that KNQA had not retained an external lawyer, despite the fact that this was the case.
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PIC has requested that the authority provide it with copies of the gazette notice containing the regulations, the AG’s letter of consent and the MOU KNQA stated it signed with the regulators.
Melly stated that they (the Education committee) began the qualification framework with the goal of making KNQA the regulator of regulators.
TVETA and KNQA Fight Over Supervisory Roles
