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{
    "id": 297913,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/297913/?format=api",
    "text_counter": 276,
    "type": "speech",
    "speaker_name": "Ms. Karua",
    "speaker_title": "",
    "speaker": {
        "id": 166,
        "legal_name": "Martha Wangari Karua",
        "slug": "martha-karua"
    },
    "content": "Thank you, Mr. Speaker, Sir. I rise to support this Bill which makes the teachers’ profession rank among other professions because most professions have an Act of Parliament that guides their operations. For the first time pursuant to our Constitution, the TSC will now have an Act that guides their operations. I was just wondering because professional bodies normally manage themselves, whether it is possible for the Minister even if not now, to start thinking about this organisation being self-sustaining. This is because it is possible and it can be done painlessly to the members of the teaching profession so that we do not create bodies all the time expecting that the burden will be on the Exchequer. I do recognize that it is necessary because it is the equivalent of the Public Service Commission when it comes to employment of teachers for public institutions. For the first time in this Bill, we have a clear criterion of recruitment of members of the Commission. Up to now, interested parties have been quietly giving the names of the persons they want to be commissioners even if they may not necessarily be the best. It is a competition to see the Minister so that your names get on to the roll. Now, there will be open and transparent recruitment pursuant to the Constitution. The criterion is clear, the professional qualifications are clear and whoever wants to serve on the Commission will have to undergo competitive recruitment. This is a plus and it is a great thing. Mr. Speaker, Sir, issues of discipline have also been clarified in this new law but I want to refer to Clause 31 on reinstatement and ask the Minister to relook at this particular clause. We need to have clear criteria on matters of reinstatement, so that we do not have people who have serious disciplinary cases being reinstated in an opaque manner. This is an area that needs strengthening. On Clause 27, which gives the grounds upon which the Commission can refuse to register a teacher, I am referring in particular to Clause 27(c), which I find too nebulous and reminiscent of the past. It says that the Commission may fail to register a teacher if they are engaged in any activities which, in the opinion of the Commission, are prejudicial to peace, good order or good government in Kenya. What exactly does that mean? Who is going to determine what good order is? This clause ought to be struck out. Mr. Speaker, Sir, clause 27(b) says that a person of good moral character suffices. I would want the language aligned because in Clause 26(a) we are talking of “is of good conduct”; then in clause 27(b) we say, “is not of good moral character”. We should harmonize that language, so that it does not confuse the people who are going to use this Bill. I also laud the Bill for including Clause 35, which talks of teaching standards. We need to have the same standards applicable in the entire country. We need them monitored occasionally. Therefore, this is a good provision, which will enable the Commission to do its work. Clause 42(2) allows members of the public, anybody who wishes, to apply for information from the Commission in line with the Constitution. This is in line with Article 35 of the Constitution. It is in line with this era of openness, transparency and accountability of all public officials. There are restrictions put on this clause which will enable the Commission to demand confidentiality, if the case so demands and also to impose a levy on the person who needs the information. I think, generally, I have looked at the Bill and it is basically fulfilling what is envisaged in the Constitution. It is worthy of support and will strength the areas that Parliament will deem fit. With those many remarks, I beg to support."
}