Teachers Service Commission headquarters in Nairobi.
BY SAM ALFAN.
High court sitting in Nairobi has stopped the teachers Service Commission Selection panel from forwarding the name of the chairperson to the President appointment until it delivers its ruling, on 29 August 2014
Justice Isaac Lenaola said that pending the decision of the court the selection panel can carry out other administrative function, but should forward the of the chairperson to the Head of state for appointment.
The order of the court arises from a petition filed by a litigant who filed case to challenge the decision of Teacher Service Commission selection panel to advertise for the position chairperson.
The applicant Wycliffe Gisebe Nyakina, says that it’s the President who is required by law to summit a fresh name of the chairperson to the national assembly and not to constitute another panel.
City lawyer Ashiford Muriuki told the court that the President’s nominee Kiragu Wa Magochi was rejected by the national assembly on 1 October 2013 what could follow was to nominate another person from the listed of the selected candidates and forward the same for approval by the house.
The court heard that the attorney general has taken the correct position that a fresh name should be forwarded to the national assembly from Short listed persons.
The action by the TSC selection panel violates section 8 (11) of the commission Act which provides mandatory terms that once a nominee is rejected by the national assembly the president should nominate another one from list submitted by the selection panel.