The Education Crisis Involving Employment Of Unqualified Teachers

Evans Wekesa, Nakuru

According to the Teachers Service Commission Act of 2012, the commission must register all qualified teachers before they can teach in any public or private institution in the country. 

Unfortunately, some schools prefer employing university dropouts, retired teachers, those dismissed by TSC for misconduct, and even graduates who pursued non-teaching courses.

One such case involves an unregistered teacher from Nakuru County who, speaking on condition of anonymity, has been teaching Mathematics and Computer Science in a private secondary school in Rongai Sub-county for more than six years. He revealed that he got the job because he excelled in these subjects in high school despite lacking formal training in the field.

Article 237 of the 2010 Kenyan Constitution mandates the Teachers Service Commission to register trained teachers, recruit and employ registered teachers, promote and transfer teachers, and exercise disciplinary control over teachers, among other responsibilities.

TSC’s recommendation for schools to employ only registered teachers aims to professionalize teaching and ensure accountability. For instance, in misconduct cases, the Commission can track down teachers using their TSC numbers and take appropriate disciplinary measures.

However, the preference of some schools to hire unqualified teachers—primarily because they are cheaper—undermines these efforts. This practice jeopardizes the rights to education and protection, which are fundamental rights of Kenyan children, as enshrined in Chapter 4 of Kenya’s Constitution.

Such misconduct negatively impacts students and the entire education system. The Commission must intensify efforts to ensure all teachers in our institutions are competent and qualified. 

Furthermore, there are significant gaps in the TSC’s disciplinary system. Typically, the Commission’s primary response to teacher misconduct has been dismissal. However, this approach is insufficient. Members of the National Assembly need to amend Article 237(2) of the constitution to grant more powers to the commission to take legal action on any misbehaving teacher, such as those who sexually abuse learners.

Dismissing these teachers without holding them accountable allows them to be rehired elsewhere. This is a classic case of transferring problems from one institution to another.

Another issue impacting teacher recruitment involves political leaders distributing TSC employment letters at public events despite the Constitution granting the Teachers Service Commission sole authority to recruit and deploy teachers.

For instance, a fundraising event in Bomachoge Borabu Constituency turned chaotic when a scuttle broke between members of the Orange Democratic Movement and United Democratic Alliance after a UDA MP started distributing TSC and Kenya Forest Service employment letters. Similarly, the South Mugirango MP, Sylvanus Osoro, has previously claimed to have received 100 TSC appointment letters for his constituency.  

This practice has raised significant concerns in the education sector. MPs like Anthony Kibagendi from Kitutu Chache South constituency have expressed intentions to address this matter in parliament, questioning how particular leaders can possess these letters when they are not part of the Commission.

Unless these holes are mended, the education fabric will continue to unravel, leading to a decline in the country's education quality.