Replacement Of TSC CEO And Her Deputy.
Despite leading the Commission from Nairobi, TSC CEO and Secretary Dr. Nancy Macharia is at odds with her deputy Dr. Kennedy Juma Mulunda.
In the past, Mulunda has charged the TSC leader with witch-hunting and calling for his dismissal from the Commission. This came after he received a letter of dismissal that would put an end to his career at TSC.
He was charged with serious misconduct and power abuse. Then he was immediately changed. Dr. Mulunda, however, challenged his dismissal in court.
In a decision dated November 30, 2022, Lady Justice Mbaru declared that TSC had wrongfully fired Dr. Mulunda on claims of bribery and intimidation.
Mulunda must resume his tasks right away without losing his pay, benefits, or other employment rights, the judge ruled.
Replacement Of TSC CEO And Her Deputy
As the deputy commission secretary, he held the second-highest position in TSC. The court can only order that he be promptly reinstated to his post because the premature process that led to his severance of employment caused him to suffer a greater loss, declared Justice Mbaru.
The verdict was a significant victory for Mulunda, who had fought the teachers’ union ever since he was fired on June 20, 2022.
Dr Mulunda, in his petition, stated that his troubles started in October 2021 while on official duties in Geneva, Switzerland, when he received a message from his boss that some school heads in Western and Nyanza were complaining over his alleged harassment and intimidation.
In January 2022, Dr Muliunda was issued with a show-cause notice over allegations of abuse of office, influencing teachers’ transfers, interference with the schools’ procurement processes and bribery.
TSC, in its defence, defended the disciplinary process leading to Mulunda’s sacking, arguing that it gave him a fair chance to defend himself but he declined.
Justice Mbaru, however, ruled that the commission hurriedly made the decision to sack him and that there was no justification for TSC to rely on an investigative committee report instead of giving Mulunda a chance to defend himself.
As if this was not enough the teachers’ employer moved to the Court of Appeal to challenge the order to reinstate Dr. Kennedy Juma Mulunda as deputy chief executive.
Replacement Of TSC CEO And Her Deputy
TSC wants the Court of Appeal to overturn the judgment.
However last week an activist filed a court case seeking fresh recruitment of a new TSC chief executive officer, claiming that Nancy Macharia’s term lapsed in February because she has hit the 60 year mandatory retirement age.
In his case filed before High Court Judge Lawrence Mugambi, the activist, Francis Owino wants the court to find that Dr Macharia’s stay at the helm is against the law as she has allegedly attained retirement age.
According to him, Macharia’s term ought to have ended in February this year.
However, in the same court document, he claims that Macharia’s contract as the TSC boss was extended in July 2020 for another term of five years.
Macharia took over the commission from Gabriel Lengoibon, who retired in June 2015, after emerging as the best.
Her appointment followed the conclusion of a competitive recruitment process that started on May 1, 2015, when the position was advertised and attracted 69 applicants of which four were shortlisted.
Ms Macharia is the 9th Commission Secretary/CEO after Mr Jesse Muhoro (1967 to 1974), Mr James Kamunge (1974 to 1977), Mr Duncan Mwangi (1978 to 1980), Mr Joseph Lijembe (1980 to 1982), Mr Jackson Kang’ali (1982 to 1998), Benjamin Sogomo (1998 to 2003), Mr James Ongwae (2003 to 2004) and her predecessor Mr Gabriel K Lengoiboni.
She became the first female CEO of the commission since its inception.
“In July 2020, the respondent’s tenure was renewed for another term of five years which ought to have been her last term in office. The petitioner avers that the respondent’s term expired in February 2023,” claims Owino.
After the first term, the commission extended the same in 2020. In this case, Owino has roped in Ethics and Anti-Corruption Commission and the teachers’ employer as well. The activist alleges that Macharia’s term was unlawfully extended.
“The petitioners aver that there was an illegal, unlawful, and irregular extension and subsequent re-appointment of the respondent as the CEO and Secretary of the TSC,” he claims.
Although Owino has not sued Parliament, he claims that lawmakers in the education committee are silent about her term. According to him, Macharia was born in 1963 and therefore has attained retirement age.
“The respondent was born on May 11, 1963, and as a result, she is ready for retirement because she has reached the mandatory retirement age of 60 years. According to him, the respondent is currently around 61 years old.
Owino alleges that on February 16 of this year, Cabinet Secretary Aisha Jumwa of the Ministry of Public Service, Gender, and Affirmative Affairs refused all requests for term extensions for all public civil workers who had reached the age of 60.
He also requests a court order prohibiting Nancy Macharia from being in office.