NAIROBI, Kenya, Sep 27 – The National Assembly has halted the implementation of the education reforms recommended by the Presidential Working Party group until the necessary laws are passed through Parliament in line with the constitution.
This is following a statement raised by Emuhaya Member of Parliement Omboko Milemba seeking direction on the ongoing implementation of education reforms which touch on the constitution and several statues without the changes being passed in the legislative house.
Ainabkoi MP Samuel Chepkonga termed the implementation of the Presidential Working Party Group without considering passing the recommendation into law by either National Assembly or the Senate under Article 95 of the constitution a contravention of the law.
“Article 95 is very clear, Mr. Speaker, that there is no person who can make any law or who can pronounce himself on anything that has a force of law except this house,” said Chepkonga.
The Ainabkoi MP called for the halt of the implementation of the education reforms immediately until proper legal procedures are undertaken to avert laws being passed through the backdoor.
“We don’t expect any other person who has not been elected to make law, that is contravention of the constitution. This is a matter that you should issue a statement from your chair, there is nobody in this county however high or mighty they think they are, they can not make law or regulations, they should stop there recommendations,” said Chepkonga.
Rarieda MP Otiende Amollo pushed for invalidation of the recommendation by Raphael Kavai led taskforce until the proposal by the team formed by President William Ruto are given a nod by MPs.
“I am aware that not only is it a policy document that has not crystallized into law, but they have purported to appoint an implementation committee which is already implementing it, it’s not even considered if parliament will accept it into law,” said Amollo.
The lawmaker opined that the move by the Ministry of Education to implement the recommendation was aimed at ensuring the issues are not objected in a court of law since its not hinged in the law.
“But the problem here is that there’s a clear effort to circumvent that provision so that the occasion will be decided by the court may not arise because there will be no law passed by Parliament, but the occasion of determination by the speaker might not arise because it will not come to you,” Amollo stated.
National Assembly Majority Leader Kimani Ichungwah emphasized that the education reforms can only be implemented once they have been passed by the house saying the Ministry of Education ought to have liaised with education committee to reinforce the recommendation into law.
“Nobody and I repeat nobody including cabinet secretaries can purport to make law or do things that can be interpreted that they have made law, because they have no capacity to make law,” he said.
“If they want a parliamentary initiative to change any bit of the Constitution, or anything that touches on the Constitution, then it must begin from this house and anything touching or even on statutes that can only be changed in line with our Constitution by Parliament, either here or Senate,” said Ichungwa.
National Assembly Speaker Moses Wetangula directed Ichungwa to seek a comprehensive statement on the matter from the Ministry of Education insisting the implementation of the recommendation were done outside the law.
“I repeat nobody, no minister of government can purport to make law or do things that appear to be in the predicate that they have made law because they have no capacity to make any law,” said Wetangula.
The changes recommended include the scrapping of the categorization of secondary schools and the removal of compulsory subjects for career choices.
The report gives approval to the competence-based curriculum and recommends its continuation.
It, however, calls for a review of learning areas and content to reduce overload and overlaps.
It also makes recommendations aimed at improving the quality of learning, teacher education and management framework and processes, integration of technology in education, equity and access with a focus on addressing the plight of those in marginalized areas and education for special needs learners.
Other issues addressed are the funding of both basic and higher education, including recommendations for minimum essential packages for basic education schools and revised capitation, and the introduction of a new funding formula for students in higher learning institutions.
Under the changes aligned with the transition to CBC at the high school level, the party recommends that learners have options in subjects that will determine their careers.
In this aspect, learners will have to choose between combinations like English or Kiswahili, Maths or Science, and any other five subjects at the O-level of study; this will be accompanied by a leaner number of subjects at the Junior Secondary School level.
The party has also asked the KICD to rationalize the number of learning areas at Junior High. Currently, students are expected to study a total of 14 subjects.
The party’s recommendationswill serve to significantly change the functions of the Teachers’ Service Commission (TSC), including empowering it to employ nursery teachers, a duty currently done by county governments.
The changes suggested would also trim TSC’s powers by stripping it of the function of regulating the teaching profession and leaving it with only the performance of its human resource function.
