The Teachers Service Commission (TSC) has instructed teachers not to take part in the ongoing by-elections via County Directors who in turn relayed the message to the heads of schools.
By-elections have been conducted in the Kabuchai constituency in Bungoma County, Matungu constituency, and in London Ward in Nakuru county. These by-elections have been marred by violence.
The TSC warning comes after a circular was issued on the same in December last year that restricted teachers from participating in political activities.
The circular reads as follows.
RESTRICTION OF EMPLOYEES OF THE TEACHERS SERVICE COMMISSION FROM PARTICIPATING AND/PR ENGAGING IN ACTIVITIES AND AFFAIRS OF POLITICAL PARTIES
The above-captioned matters refer.
The Commission is in receipt of a Circular Ref: EACC.7/10/4 VOL.VII (61) dated 1/10/2020, amplifying the above provisions of the law.
Pursuant to the provisions of Article 77(2) of the Constitution of Kenya as read together with section 23 of the leadership and Integrity Act, 2012; section 12 of the Political Parties Act, 2011; and regulation 187 of the Code of Regulation for Teachers, Clause 166 of the Human Resource Policies & Procedure Manual for Secretariat Staff, public officers are prohibited from holding office and/or actively engaging in political activities.
Accordingly, this is to remind all employees of the Commission of the explicit positions of the law prohibiting them from taking part in any active political engagements while still in service of the Commission; and further requiring political engagements while still in service of the Commission; and further requiring them to refrain from:
- Holding office in a political party;
- Engaging in a political activity that may compromise or be seen to compromise the political neutrality of the office they hold;
- Publicly indicating support for or opposition to any political party or candidate in an election; and
- Engaging in activities of any political party or candidate, or act as an agent of a political party or candidate in an election.
In congruence with the spirit of national values and good governance under the Constitution which includes impartiality and political neutrality, it is vital for all employees of the Commission to adhere to strict observance of the law in respect hereof by abstaining from taking part in political engagements.
In this regard, all employees of the Commission are directed to shun partisan political activities while in active public service.
The Commission further brings to your attention that any of its employees who currently hold and/or engage in political activities are in violation of the law and are liable to disciplinary action.
This is therefore to advise such an employee to immediately resign from such office.
Further, any breach of the directions of this Circular shall result in disciplinary action.
All County Directors are hereby directed to bring the contents of this Circular to the attention of ALL teachers and to post the same on school/staffroom notice boards for ease of reference by teachers.
DR. NANCY NJERI MACHARIA, CBS
SECRETARY/CHIEF EXECUTIVE