HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 295177,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/295177/?format=api",
"text_counter": 459,
"type": "speech",
"speaker_name": "Prof. Anyang’-Nyong’o",
"speaker_title": "The Minister for Medical Services",
"speaker": {
"id": 193,
"legal_name": "Peter Anyang' Nyong'o",
"slug": "peter-nyongo"
},
"content": "Mr. Temporary Deputy Speaker, Sir, I want to go to the issue of standards in the teaching profession. The fact that standards are so important in achieving excellence, if we do not have a commission that jealously looks after and promotes standards our education will be run down. What I fear is that over the years, particularly as education has expanded – and, indeed, we are now expanding education at the higher level, including universities and so on – we must pay specific and particular attention to standards, otherwise, we run a risk where people have certificates but they cannot equally profess or perform in line with the certificates they have. Mr. Temporary Deputy Speaker, Sir, I would like to refer to Clause 27 of this Bill and urge the Minister for Education that, indeed, as he brings amendments to this House, one of the things that he should look at very carefully is the manner in which the Teachers Service Commission (TSC) will maintain and supervise standards. Secondly, he should look at the manner in which, at the school level, it is going to be possible to improve and check standards. This is because, at the moment, I fear that our schools particularly the primary and secondary schools--- This thing may be going to the universities as well, but let us talk about primary and secondary schools, because universities belong to the Ministry of Higher Education, Science and Technology. I fear that we are compromising the issue of standards, because we are being pennywise and pound foolish. We have over the last couple of years promoted our teachers’ colleges to become branches or campuses of universities, but we have not invested as much in new teachers’ colleges that can train more teachers to teach our children. For example, Arata Primary School where I come from has been well built through the Constituencies Development Fund (CDF), community and development partners. So, the physical infrastructure is very attractive to students and the number of students that have come in has grown exponentially over the last five years. But the teacher to pupil ratio is about one teacher to 90 pupils, depending on what class you are talking about. This, thus, obviously affects the standards of education, because the teacher-student ratio is not optimal. Teachers are trying to handle too many pupils at the same time and, therefore, they are not handling them effectively. Mr. Temporary Deputy Speaker, Sir, Clause 27 says that the Commision shall not register a person as a teacher if such person does not possess the prescribed qualifications. Subsequently, in Clause 35, the Commission shall take all necessary steps to ensure that persons in the teaching service comply with the teaching standards prescribed by the Commission under this Act. I would like to know what criteria is given in this particular Bill as to how the Commission is going to prescribe standards for these teachers, unless it is coming in a separate law or regulation that the TSC is going to pass. That is important because I think standards are very key to the profession of teaching and education of our children. Mr. Temporary Deputy Speaker, Sir, let me just look at these sections one after the other, so that I can dispose of some of the issues that I want to address. Section 27 reads: “The Commision shall not register a person as a teacher if such a person- (a) does not possess the prescribed qualifications; (b) is not of good moral character; (c) has been convicted of a sexual offence or offence committed against a child; (d) has been convicted of a criminal offence which, in the opinion of the commission, renders the person unfit to be a teacher; (e) is engaged in any activities which, in the opinion of the commission, are prejudicial to peace, good order or government in Kenya; or, (f) suffers from such physical or mental infirmity, which in the opinion of the commission, renders the person incapable of performing the duties of a teacher.” Mr. Temporary Deputy Speaker, Sir, I think in these provisions, this Bill addresses really the problems that we are facing in schools. My problem, however, is the mode of implementation of these provisions, that is, after putting these standards and qualifications of registering that person as a teacher, whether the Commission is going to have mechanisms and powers of implementing them. This is because at the moment they do not exist or if they exist, they are extremely ineffective. For example, I have had cases in some of my primary schools in my constituency – Kisumu Rural – where teachers have actually be caught red-handed sexually abusing the pupils. Of course, they have been taken to a police station, and you know how the police do these things. They are very insensitive to sexual offences. They refer the teachers to the system, that is, the District Education Officers (D.E.Os) and so on. Then, quite often, the union comes in to speak on behalf of the teachers or defend them. The parents become afraid because they want their children to continue learning. They do not want to ensure that proper steps or disciplinary action is taken against such teachers. So, let us be frank that there has grown a little bit of impunity among those teachers who go against these standards. We do not seem to have systems of compliance or that which actually makes it possible that there is punishment that can then prohibit such things from happening in our schools. Therefore, a little bit of indiscipline among the teaching profession has occurred under circumstances which I think are inimical to good education and health of our students and pupils in primary and secondary schools. Mr. Temporary Deputy Speaker, Sir, secondly, I am glad that “c” says: “Has been convicted of a sexual offence or offence committed against a child.” That is important but look at the next one which says: “Has been convicted of a criminal offence which, in the opinion of the commission, renders the person unfit to be a teacher.” A criminal offence is a criminal offence. I do not see how a criminal offence becomes a subject in the opinion of the Commission. I think if somebody has been convicted of a criminal offence, then he is not fit to be a teacher. But if it is qualified in the opinion of the Commission, we are opening a Pandora’s Box, where the Commission will want to make a decision on which criminal offence is heavy enough to disqualify somebody. Mr. Temporary Deputy Speaker, Sir, when I was growing up, the teachers were really the examples of excellence in society. When you went to a teacher’s house, you could see that this was really a teacher’s house. The way a teacher dressed was a standard set in the village. Teachers’ wives were the only ones called “madam” in the village. There were very few “madams” in the village except teachers’ and pastors’ wives and I am glad my mother was one of them. So, this is the excellence that teachers must establish, however many they are in this Republic. I have always told teachers in my constituency that if, indeed, they are going to be the people who bring up our children, they must all – it does not matter whether or not one is a headmaster – exemplify this excellence all the time, otherwise, our children will not have role models. Mr. Temporary Deputy Speaker, Sir, part “e” says: “Is engaged in any activities which, in the opinion of the commission, are prejudicial to peace, good order or government in Kenya.” Yes, I think that the opinion of the Commission can be invited, but in the case of a criminal offence, I do not think that the opinion of the Commission matters, because one way or the other, it is a criminal offence. For example, I am afraid that the drinking of Chang’aa among school teachers has not only affected adversely their character, but also their performance. One of the things that I think the Teachers Service Commission (TSC) should do in putting in place methods of compliance is that there should be a high premium placed in punishing teachers who drink and affect their teachers hours. I do not mind people drinking socially after teaching hours. That means baada ya kazi and you do not go to school the following day without brushing your teeth, combing your hair or walk in sandals with your belt half tied. When people drink too much, it affects their character with regard to the way they dress and the way they appear. However, if they drink socially so that they take one or two baada ya kazi, or they go to a reception, that is accepted. However, this drunkenness that I see in our schools which headmasters, principals, school boards and the Parents Teachers Associations (PTAs) are not being effective in controlling very serious matters. Part “F” is very important. I am going through these things because I would really like, in maintaining standards for the TSC to have mechanisms of implementing or causing compliance to these standards. The Commission shall not register a person as a teacher if such a person:- “(f) suffers from such physical or mental infirmity which in the opinion of the Commission renders the person incapable of performing the duties of a teacher.” There is a danger there. This should not be in the opinion of the Commission but it should be the opinion of qualified persons. I think for the TSC, without a psychiatrist, a medical doctor or a social psychologist, to be in a position to determine whether someone is suffering from mental infirmity it is extremely difficult. Therefore, to implement this particular one, I do not want it to be abused by the Commission because a headmaster who does not like a clever young woman or man can easily write a letter to the Commission and say that this fellow suffers from mental infirmity and he should be deregistered as a teacher. This is simply because that fellow cannot stand useless authority or a headmaster loading it over him or her. That particular provision can easily be misused. So, I call upon my colleague here that this provision, while it is useful, can be misused unless this is revised. It says; “suffers from such physical or mental infirmity which in the opinion of the Commission---” This cannot just be in the opinion of the Commission. It should be in the opinion of qualified persons. Because if it is reported to the Commission that somebody suffered a physical or a mental infirmity and, therefore, cannot teach they must subject such a report to a qualified institution or person to give a report to the Commission on the basis of which the Commission can make a decision. I know this is very important because some headmasters can be vindictive when they think that a member of staff is cleverer than them. So, the cleverness is reduced to mental infirmity which is terribly unfair. Let me go to Clause 35 although I know that my time is almost up. Let me just make some proposals here which I hope will maybe influence my learned friend, my senior counsel or hon. colleague. Clause 35 says: “(1) The Commission shall take all necessary steps to ensure that the persons in the teaching service---“"
}