ADVOKS GLOBAL · KENYA
Teachers Service Commission Act
8. Procedure for nominations and appointment
Edition: 2023-12-11 · In force
8. Procedure for nominations and appointment
(1)Within fourteen days of the commencement of this Act, or whenever a vacancy arises in the Commission, the President in consultation with the Prime Minister shall by notice in the Gazette declare a vacancy and constitute a selection panel for the purpose of selecting suitable candidates for appointment as the Chairperson or member of the Commission.(2)The selection panel constituted under subsection (1) shall consist of—(a)a Chairperson not being a public officer appointed by the President;(b)the Cabinet Secretary in the Ministry responsible for matters relating to education or his representative;(c)the Attorney-General or his representative;(d)the Cabinet Secretary in the Ministry responsible for public service or his representative;(e)one person nominated by the Federation of Kenya Employers;(f)two persons, one man and one woman, nominated by the registered trade unions representing the interests of registered teachers;(g)one person nominated by a recognised association of private schools; and(h)a prominent educationist not serving in Government appointed by the Cabinet Secretary.(3)A person appointed under subsection (2)(f) shall not be a serving official of the nominating union.(4)The Chairperson shall convene the first meeting of the selection panel within seven days of his or her appointment.(5)The selection panel shall, within seven days of convening, invite applications from persons who qualify for nomination and appointment as Chairperson or member of the Commission by advertisement in at least two daily newspapers of national circulation.(6)The selection panel shall within seven days of receipt of applications under subsection (5)—(a)consider the applications to determine their compliance with the provisions of the Constitution and this Act;(b)shortlist the applicants;(c)interview the shortlisted applicants; and(d)submit the names of three qualified applicants for the position of Chairperson and thirteen qualified applicants for the position of a member to the President.(7)The President shall, within seven days of receipt of the names forwarded under subsection (6), nominate one person and eight others for appointment as Chairperson and members of the Commission and forward the names to theNational Assembly for approval.(8)The National Assembly shall, within twenty one days of its sitting, consider each nomination received under subsection (7) and approve or reject any of them.(9)Where the National Assembly approves the nominees, the Speaker of the National Assembly shall, within five days forward the name of the approved applicants to the President for appointment.(10)The President shall, by notice in the Gazette, appoint the Chairperson and members approved by the National Assembly within seven days of receipt of the approved nominees from the Speaker of the National Assembly.(11)Where the National Assembly rejects any nominee, the Speaker shall within five days communicate its decision to the President and request the President to submit fresh nominations from amongst the persons shortlisted and forwarded by the selection panel under subsection (6).(12)If the National Assembly rejects any or all of the subsequent nominees submitted by the President for approval under subsection (10), the provisions of subsections (5) and (6) shall apply.(13)The panel shall stand dissolved upon the appointment of the Chairperson and members under subsection (10).(14)Where the provisions of subsection (11) apply, the panel shall continue to exist but shall stand dissolved upon the requisite appointments being made.(15)The ministry responsible for public service shall provide secretariat services to the panel.(16)In nominating or appointing a person as a member of the Commission, the panel and the President shall—(a)observe the principle of gender equity, ethnic and other diversities of the people of Kenya, and shall ensure equality of opportunity for persons with disabilities; and(b)take into account the national values and principles set out in Articles 10, 27 and 232 of the Constitution.(18)Despite the foregoing provisions of this section, the President, in consultation with the Prime Minister may by notice in the Gazette, extend the period specified in respect of any matter under this section by a period not exceeding twenty-one days.(19)Subject to this section, the panel may determine its own procedure.