Members of Parliament (Mps) on Wednesday, November 15 summoned the Chief Executive Officer of the Teachers Service Commission (TSC) Nancy Macharia over a case of a teacher facing a life ban for allegedly defiling a student.
Appearing before the National Assembly’s Public Petitions Committee, chaired by Taita Taveta MP Bwire Okano, Macharia defended the Commission’s decision, asserting that it was their duty to safeguard students from sexual abuse.
Macharia provided a detailed account of the incident, mentioning that the High Court had acquitted the teacher due to circumstantial evidence. Despite this, the TSC conducted its independent investigation, finding the teacher guilty and subsequently deregistering and dismissing him.
After a review, the TSC reinstated the teacher to the Register of Teachers, following the provisions of Section 31 of the TSC Act, which allows consideration after 18 months from removal. However, a life ban was imposed, preventing the teacher from working only in Kenya .
Macharia emphasized that the teacher underwent a procedural disciplinary process before the life ban was imposed.
MPs raised concerns during the session, questioning the Commission’s ability to prove the accuracy of the minor’s accusations with concrete evidence.
Taita Taveta MP Bwire Okano highlighted discrepancies, mentioning that the minor had falsely denied involvement with other sexual partners, as a DNA test on the newborn proved the teacher was not the father.
Addressing these concerns, Macharia defended the TSC’s responsibility to protect minors and ensure accountability among teachers.
She argued that, given the breakdown of the employment contract, the criminal court’s findings couldn’t salvage the situation.
The teachers employer is not bound by criminal court decisions meaning it’s independent in making employment-related decisions.
TSC fires 43 teachers
TSC recently took a resolute step by deregistering 43 teachers due to disciplinary issues.
Through a Gazette Notice dated Friday, October 22, Macharia confirmed that these individuals would no longer serve as teachers in both private and public schools within the country
Macharia emphasised that the sole avenue for the reinstatement of these 43 teachers would be through a directive from the commission itself.