Focus on the TSC as Dr Nancy Macharia's five year term comes to an end; LSK digs in

The first five year term for TSC boss Dr Nancy Macharia comes to an end on June 30, 2020. Dr. Nancy Macharia was appointed the Teachers Service Commission (TSC) Secretary/Chief Executive Officer in June 30, 2015 to take over from her predecessor Gabriel Lengoiboni (who had served at the commission for 11 years).

The post had attracted a whooping 69 applicants with only 4 meeting the shortlisting criteria.

The Process of Recruiting the TSC CEO

Section 8(1) of the TSC Act requires that whenever a vacancy arises in the commission, it shall, by notice in the Gazette, declare a vacancy and constitute a selection panel for the purpose of selecting suitable candidates for appointment as the chairperson or member of the commission. The panel is yet to be constituted; a clear indication that Dr. Macharia will be in for a second five year term at the helm of the commission.

The TSC act further says that the selection committee shall be headed by a chairperson appointed by the President. Cabinet Secretaries in charge of Education and Public Service, as well as the Attorney General or representatives of the three officers, are also to be members of the panel.Federation of Kenya Employers will nominate one person, while teachers’ unions will nominate two – one man and one woman – to the panel.

The Private Schools Association will also nominate one person and a prominent educationist appointed by Education Cabinet Secretary will also sit in the selection panel.

The panel then interviews shortlisted applicants and submit the names of qualified applicants, for the position of a member, to the President for appointment.

Key Duties and responsibilities performed by the TSC CEO

The secretary is the the Chief Executive Officer of the Commission responsible for implementation of strategies, policies and decisions of the Commission.

Under the guidance of the Commission, the Secretary performs the following duties:-

Execute the decisions of the Commission.
Be head of the Secretariat.
Facilitate, coordinate and ensure execution of the Commission’s mandate.
Advise the Commission on teacher projections to facilitate staffing of learning institutions.
Advise and make recommendations to the Commission on optimum utilization of available teachers.
Make recommendations to the Commission on appointment and deployment to administrative posts in educational institutions.
Ensure maintenance of the register of teachers and be custodian of all records of the Commission.
Be the Accounting officer of the Commission and ensure proper and diligent implementation of Part IV of the TSC Act and any other written law.
Ensure staff compliance with the constitution and other laws.
Be responsible for administration and management of the secretariat resources.
Promote professionalism in the teaching service.
Advise the Commission on suitability of persons entering the teaching service.

Minimum Qualifications and Experience for one told the TSC CEO’s post

For one to serve as the Commission’s CEO, she/ he must:

Be a citizen of Kenya;
Hold a Bachelors degree in Education from a University recognized in Kenya. Holders of higher qualification will have an added advantage;
Have had at least ten (10) years’ experience in education, administration and management, public administration, human resource or financial management.
Be conversant with public service values, principles, policies and practice as defined in related education laws, policies and regulations;
Have good understanding of Kenyan and International Labour Laws;
Meet the requirements of leadership and integrity as set out in Chapter Six of the Constitution.

Personal Qualities and Competencies

This is a high level position and the person is expected tom possess the following competencies:-

Leadership qualities
Strategic thinking
Business acumen
Problem solving and analysis skills
Decision making
Performance Management
Results driven management
Innovativeness
Communication proficiency and Financial

PREVIOUS TSC CHIEF EXECUTIVE OFFICERS

Dr. Nancy Macharia is the 9th Commission Secretary/Chief Executive Officer after Jesse Muhoro (1967 to 1974), James Kamunge (1974 to 1977), Duncan Mwangi (1978 to 1980), Joseph Lijembe (1980 to 1982), Jackson Kang’ali (1982 to 1998), Benjamin Sogomo (1998 to 2003), James Ongwae (2003 to 2004) and Gabriel Lengoiboni (2004-2015).

The 57 year old (born in 1963), Dr. Macharia holds a Master of Education (Policy and Management) degree from Bristol University, UK and a Bachelor of Education degree in English/Literature from Kenyatta University. She has trained both locally and internationally in Corporate Governance, Public Procurement, Policy Formation, Information Communication Technology (ICT), Proactive Management and Business Excellence Models, among others.

THE LAW SOCIETY OF KENYA DIGS IN

The Law Society of Kenya, LSK, has written to the the Chief Justice on the move by government to ‘silently’ plan to award Dr. Macharia another five year term. According to LSK, reappointment of Dr. Macharia should follow due process.

“The key position of Secretary to the Teachers Service Commission (the TSC) is about to fall vacant, with the current Secretary, Ms. Nancy Macharia, leaving office on 30th June. The information we have is that there are plans to renew her five year-contract for a further five years, without subjecting the position to a process of competitive recruitment.” Says LSK president Nelson Andayi Havi.

The LSK is not opposed, though, to Dr. Macharia being awarded another term but says she must be subjected to fresh vetting as required by law.

“While the Act provides that the Secretary is eligible for re-appointment after service for five years, the requirement for competitive recruitment demands that once the term of office for the Secretary expires, the position must be filled by competitive recruitment each time. We urge you by this letter to advise the TSC appropriately on the correct legal procedure for the appointment of the Secretary to the TSC now that this position is about to fall vacant. Such advice would ensure that whatever decisions are made are accountable, above-board and in compliance with the Constitution and law.” he adds.