Ministry of Education and TSC Clash Over 30,000 School Head Appointments and Financial Control
The Ministry of Education and the teachers’ employer are engaged in a new battlefront, focusing on gaining control over more than 30,000 heads of public schools across the country.
In an assertive move, the ministry aims to designate primary and secondary school heads as its agents in school management, thereby strengthening its grip on school finances.
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This initiative is part of proposed amendments set to be presented today for consideration by various education stakeholders, intending to revise the Basic Education Act and 10 other laws within the education sector.
Among the proposed bills are the Universities Bill, 2024; Technical and Vocational Education and Training Bill, 2024; Kenya National Qualifications Framework (Amendment) Bill, 2024; Tertiary Education Placement and Funding Bill; Kenya Literature Bureau (Amendment) Bill, 2024; Kenya National Examinations Council (Amendment) Bill, 2024; Kenya Institute of Curriculum Development (Amendment) Bill, 2024.
Additional legislative proposals include the Education Appeals Tribunal Bill, 2024; Basic Education Scholarships And Bursaries Bill, 2024; and the Science Technology and Innovation (Amendment) Bill, 2024.
One of the contentious proposals involves the appointment of school heads as agents of the ministry. If approved, the Education Cabinet Secretary would have the authority to instruct head teachers to prepare reports and file them periodically.
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According to the Basic Education Bill, 2024, each public primary, junior, comprehensive, and senior school should be led by an institutional administrator appointed under the Teachers Service Commission Act.
This administrator would manage the school’s day-to-day operations, act as an accounting officer, and serve as an agent of the Principal Secretary of the State Department responsible for Basic Education in matters concerning school management.
The proposed legislation stipulates that the appointment of the institutional administrator as an agent should be in writing, with the Principal Secretary retaining the discretion to exercise any delegated powers.
If the appointment is withdrawn, the headteacher loses the authority to account for school funds. While the proposal does not specify the consequences for such a head teacher, sources suggest that the ministry might restrict the head’s ability to withdraw or conduct transactions, potentially leading to a suspension.
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The issue of holding principals accountable for financial mismanagement has been a point of contention between the Teachers Service Commission (TSC) and the Ministry of Education, particularly concerning the lack of authority to address financial impropriety by headteachers responsible for managing funds allocated to learning institutions.
In May 2020, the Education Cabinet Secretary at that time, George Magoha, informed Members of Parliament that his ministry stood out in the region for lacking control over teachers.
Addressing the National Assembly Education Committee, Magoha emphasized the need for reconsideration, stating, “It is about time you think about it because everybody thinks I am in charge of teachers. I have left the wisdom to you.”
Previously, the Ministry of Education had the authority only to recommend disciplinary action against a head teacher to the Teachers Service Commission (TSC).
This proposal marks the latest effort to settle the long-standing dispute over who holds genuine authority over school heads. In a previous attempt in 2015, the Ministry of Education sought control through proposals to the Basic Education Regulation of 2015 under the then Education Cabinet Secretary, Jacob Kaimenyi.
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Sources familiar with the matter revealed that this issue played a role in the removal of Prof Kaimenyi from the position of Education CS. The Ministry’s pursuit of control over school heads has been a recurrent theme, with various attempts made to address the ongoing debate on this matter.
Ministry of Education and TSC Clash Over 30,000 School Head Appointments and Financial Control
