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{
    "id": 1196616,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1196616/?format=api",
    "text_counter": 316,
    "type": "speech",
    "speaker_name": "Emuhaya, ANC",
    "speaker_title": "Hon. Omboko Milemba",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker, for this chance. Even though there are only four minutes left, I hope I will get some additional time later. I thank Hon. Khamala for this Motion. When he moved it yesterday, I told him not to deal with me directly. I am a teacher leader. I am the Chairman of the Teachers of Kenya. This Motion would not be here if the TSC had carried out public participation and involved all stakeholders in every policy that it undertakes. The policy of delocalisation has come to the Floor of Parliament due to lack of public participation and involvement of stakeholders such as the unions, that is, the Kenya National Union of Teachers (KNUT), the Kenya Union of Post Primary Education Teachers (KUPPET), the Kenya Primary Schools Heads Association (KEPSHA), other stakeholders and the teachers themselves. As we move forward, it will be important for the TSC to bring together its house of stakeholders, so that they deal with education issues without completely politicising them, as Hon. Elachi said. If we go in that trend, it will be difficult. This policy appeared in 2018. Before Independence, schools were run by missionaries, as has been said very well by Hon. Farah Maalim. Later on, they were handed over to the Government. That is how the TSC was formed around 1967 to distribute teachers to schools. Prior to that, every school had its own teachers, paying them whatever it wanted and dealing with them in whichever way they wanted. The TSC was brought to bear to ensure that there was a harmonised system of administering teachers in the country. Having enacted the Constitution of Kenya, 2010, it is very important that the TSC adheres to it. Article 47 of the Constitution is the one that brings this Motion to bear in Parliament. It talks about fair administrative action. Every organ that is required to administer to the welfare of individuals in Kenya, and in this case, it is the TSC for teachers, has a right to do so. That Article also states that in the event that that administrative action will adversely injure or affect the freedoms and rights of an individual, that individual must be informed in writing. That is where we lost it completely because it required public participation to bring to bear Article 47 of the Constitution, in so far as delocalisation was being put to the teachers. Article 47(3) gives Parliament authority to make laws that will ensure that Article 47(1) is adhered to. Parliament is in order to deal with this matter, if possible, once and conclusively. In 2018 when this policy came into place, it was more or less a punitive action. It has continued to hit teachers who now live not only in fear, but also under duress and are not happy."
}