Justice Nelson Abuodha found that the circular dated July 2018 by TSC relinquishing its authority was done unprocedurally/FILE
NAIROBI, Kenya, Mar 1 – The Employment and Labour Relations Court has quashed the decision of Teachers Service Commission (TSC) to transfer the technical training function to a department within the Ministry of Education.
Justice Nelson Abuodha found that the circular dated July 2018 by TSC relinquishing its authority was done unprocedurally.
“The circular is therefore declared null and void to the extent that it is inconsistent with the constitution,” the judge said.
He reverted over 3780 teachers under the Technical and Educational Training Authority (TVEA) who were transferred to the ministry back to TSC.
The judge said TVEA does not have the authority to employ teachers as trainers noting the Act under which it is established is silent on how one acquires the skills as trainer.
Justice Abuodha said it is only lecturers in polytechnics, technical institutions and vocational training who have the requisite qualifications and skills needed to run institutions under TVEA.
The Act under which the Authority is established does not confer it power to employ trainers.
“Employment is a legal and technical term hence cannot be presumed to have been included in the TVEA Act,” the judge said.
The court found and held that the mandate over teachers including employment and termination of their contracts or services is reserved by the TSC.
About The Author
