The CEO of the Teachers Service Commission (TSC), Dr Nancy Macharia, has reached the mandatory age to retire from public office, as she hit 60 this year.
According to Dr Macharia’s National ID, her birth date is May 11, 1963, meaning she turned 60 this year.
Inside information tells that National Assembly Majority Leader Kimani Ichungwa and other influential leaders from the Central Region are protecting her. In return, the TSC boss offers them TSC letters in high numbers.
Sources also indicate that the TSC Chairman, Dr Jamleck Muturi, is also protecting Dr Macharia.
Public Officers to Retire at Age 60
In February 2023, Public Service, Gender and Affirmative Action CS Aisha Jumwa noted that public officers who have attained the mandatory age for retirement were making numerous appeals for “unjustified extension.”
In a letter to Public Service Commission (PSC) Chairman Anthony Muchiri, CS Jumwa reiterated that a Public Officer should retire from office immediately after attaining the mandatory retirement age.
“The Commission or any other appointing authority shall not extend the service of such retired Public Officers beyond the mandatory age of 60 years and 65 years for persons with disability,” read the letter dated February 16, 2023.
Authoritatively, the appointment letter seen by this writer confirms that there is an omitted clause which is now tied to the commissioners of the panel to nominate the new CEO into the office.
LSK Challenges Move to Extend TSC Boss Term
The Law Society of Kenya (LSK) in 2020 they wrote to Chief Justice Martha Koome on the move by the government to ‘silently’ plan to award Dr Macharia another five-year term. According to LSK, the reappointment of Dr Macharia should follow due process.
“The key position of Secretary to the Teachers Service Commission (the TSC) is about to fall vacant, with the current Secretary, Ms. Nancy Macharia, leaving office on 30th June. The information we have is that there are plans to renew her five year-contract for a further five years, without subjecting the position to a process of competitive recruitment,” said LSK President by then Nelson Havi.
The first five-year term for TSC boss Dr Nancy Macharia was to end on June 30, 2020, after her appointment on June 30, 2015, taking over from her predecessor Gabriel Lengoiboni who had served at the commission for 11 years.
Section 8(1) of the TSC Act requires that whenever a vacancy arises in the commission, it shall, by notice in the Gazette, declare a vacancy and constitute a selection panel to select suitable candidates for appointment as the chairperson or member of the commission.
The Act further says that a chairperson appointed by the President shall head the selection committee. Cabinet Secretaries in charge of Education and Public Service, as well as the Attorney General or representatives of the three officers, also constitute members of the panel.
Federation of Kenya Employers will nominate one person, while teachers’ unions will nominate two – one man and one woman – to the panel.
By Fred Odanga.