MPs push for reversal of teacher delocalization policy ban

In a surprising turn of events, Members of Parliament (MPs) are now advocating for the reversal of a resolution that prohibited the Teachers Service Commission (TSC) from transferring teachers outside their home counties.

The initial resolution, passed on November 3, 2022, followed concerns raised by Lurambi MP Titus Khamala, who argued that the delocalization policy was disruptive to teachers' lives and lacked a clear framework.

Khamala further emphasized that the policy caused instability in teachers' families, particularly for those posted to distant regions without sufficient consultation.

The National Assembly had previously directed the TSC to bring back delocalized teachers to their home counties, a process that saw over 14,700 teachers requesting transfers.

TSC Chief Executive Officer Nancy Macharia highlighted the complications that arose from the directive, noting that it effectively restricted teacher transfers beyond subcounty boundaries.

"We got a resolution of the committee stopping delocalisation, meaning you can’t transfer a teacher outside the subcounty," Macharia explained.

This decision led to changes in the commission’s recruitment guidelines, effectively halting any recruitment of teachers outside subcounties.

The teacher delocalization policy, which was introduced in 2017, required teachers to serve in regions far from their homes before being transferred back after a few years.

This policy, initially targeting teachers in Northeastern Kenya, later extended to head teachers and principals, sparking protests from teacher unions and other advocacy groups.

The backlash led to the reversal of some of the transfers, with many teachers returning to their original counties.

However, the reversal has brought about new challenges, with Macharia lamenting the hindrances it created for equitable teacher distribution.

"If we were allowed to transfer teachers across counties, we could balance staffing," she said.

MPs, however, are now questioning the legality of the parliamentary resolution and advocating for its reversal, with the Committee on Implementation of the Constitution asserting that statutory law should take precedence over motions.

"If the law provides for fair distribution, it is superior to a resolution," said Committee Chairman Eric Karemba.

The committee also raised concerns over the ongoing issues with teacher distribution, delays in promotions, and staffing gaps, particularly in the newly introduced Competency-Based Curriculum (CBC) subjects.

MPs have clashed over whether parliamentary resolutions should override the constitutional mandate of the TSC, leading to further debate on the issue.