High court Judge Isaac Lenaola.
BY SAM ALFAN
The President is forward a name of person to be appointed as the chairman of the Teacher Service Commission, the court has ruled.
Justice Isaac Lenaola said that the head of state should select the name from Dr Kamunge panel but exclude the name of Kiragu wa Magochi whom parliament has rejected in three occasions.
The judge said that a service at the TSC has been brought into halt due to absence of the chairperson and the same should be done expeditiously.
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, told the court 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.