Tensions in Teacher Management and Governance of Public Schools Under Kenya’s Post 2010 Legal Framework: a Case Study of Kakamega County

Abstract

The Constitution of Kenya 2010 establishes the Teachers Service Commission (TSC) and assigns it all teacher related functions. The Teachers Service Commission Act, 2012, which was enacted to give effect to Article 237 of the Constitution of Kenya, 2010 fails to create a legal framework of engagement between the Commission and the Ministry of Education (MoE) in teacher management and governance of schools hence occasioning tensions between TSC and MoE. The tensions existing between TSC and MoE in discharge of their roles are premised on the fact that teacher management has historically been a function of the Ministry of Education. Through archival, case study and historical research methodologies, this study examines the historical relationship between TSC and MoE, reviews the existing legal framework with the view of identifying gaps apparent and using a case study of Kakamega County, identifies tensions between TSC and MoE as well as administrative challenges facing heads of public schools. This project is divided into five chapters. The first chapter identifies the problem, states the objective of study, outlines research questions, discusses theories used, reviews literature and identifies the gap in existing literature. Chapter two gives a historical background of teacher management and governance of public schools. Chapter three critically examines the legal and institutional framework while chapter four entails a case study of Kakamega County in relation to tensions existing between TSC and MoE. The study concludes with some reflections and recommendations. The study establishes that until 2010, teacher related functions were performed by TSC under the patronage of Minister for Education. TSC existed as a semi-autonomous unit within the Ministry of Education. After 2010, TSC was elevated to a Constitutional Commission and vested with teacher related functions. However, the enabling Acts and regulations fail to provide framework of engagement between TSC and MoE on teacher management and xv governance of schools. This omission has brought about tensions between the Ministry and the Commission. The areas of tension include; deployment and discipline of heads of institutions of basic Education, Role of Boards of management in governance of schools and Role of Sponsors in teacher management and governance of schools. To harmonize the relationship between TSC and MoE, laws need to be interpreted in context, culture of mutual co-operation has to be established, and laws have to be reviewed to address the problem of duplication of roles and structures.