, NAIROBI, Kenya, Apr 16 – The row over the new Basic Education Regulations 2015, which give the Education Cabinet Secretary Jacob Kaimenyi direct powers over head teachers took a new twist on Thursday with a Parliamentary Committee saying the gazette notice is null and void.
The National Assembly Committee on Delegated Legislation has faulted Kaimenyi saying Parliament ought to have approved the regulations before he gazetted them.
Committee Chairman William Cheptumo said they will now invite education sector stakeholders to discuss contentious issues in the regulations aimed at helping the ministry streamline basic education.
“The law requires that these regulations shall come into force only upon approval or otherwise by this House and therefore there should be no cause for alarm. I want to assure my colleagues that as a responsible committee we are going to move with speed and ensure that all concerns raised by Kenyans are taken into account,” he said.
Cheptumo had told the House that the regulations had not reached the office of the Clerk of National Assembly by Wednesday and it was Leader of Majority Aden Duale who tabled it in the House moments before he rose to make his statement.
Cheptumo was responding to concerns raised by Kigumo MP Jamleck Kamau.
“Given the fact that these regulations are already gazetted, and the fears that most members including me have, that parts of this regulations are unconstitutional, can the chair tell us when he will bring the committee report to the House?” Kamau asked.
The Kenya National Union of Teachers (KNUT), Kenya Union of Post Primary Education Teachers (KUPPET) and the Teachers Service Commission (TSC) have opposed the regulations and accused Kaimenyi of deceit over his claims that he extensively consulted stakeholders before gazetting the regulations.
Teacher unions warned parents to brace for a paralysis of learning when school reopen unless the new basic education regulations are de-gazetted.
KNUT insists that the regulations which give the Education Cabinet Secretary powers over school heads is unconstitutional.
But Kaimenyi stood his ground that he won’t be revoking the gazette notice adding that it may be a little too late for teachers unions opposed to the new measures.