Hidden Plan To Replace Nancy Macharia With Her Deputy
Despite leading the TSC in Nairobi, Dr. Nancy Macharia and her deputy, Dr. Kennedy Juma Mulunda, are at odds.
Mulunda has accused the TSC boss of witch-hunting and wanting him out of the Commission. He received a termination notice from TSC.
Gross misbehaviour and power abuse were his charges. Replaced immediately. Dr. Mulunda sued his dismissal.
Lady Justice Mbaru found on November 30, 2022, that TSC unfairly fired Dr. Mulunda for bribery and intimidation.
The judge ordered Mulunda to return to work immediately without losing income, benefits, or employment entitlements.
He was TSC’s deputy commission secretary. “The premature process leading to his termination placed him at a higher loss and the only remedy the court can issue is that he be immediately reinstated to his position,” declared Justice Mbaru.
Mulunda had fought the teachers’ employer since his June 20, 2022, firing.
In October 2021, Dr. Mulunda received a notification from his boss in Geneva, Switzerland, that several school heads in Western and Nyanza were complaining about his alleged harassment and intimidation.
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Dr. Muliunda was handed a show-cause notice in January 2022 for influencing teacher transfers, interfering with school procurement, and bribery.
TSC supported Mulunda’s firing, saying it provided him a fair chance to defend himself but he declined.
However, Justice Mbaru decided that the commission swiftly sacked him and that TSC had no right to depend on an investigating committee report instead of letting Mulunda defend himself.
The teachers’ employer appealed the ruling to reinstate Dr Kennedy Juma Mulunda as deputy chief executive to the Court of Appeal.
TSC wants the Court of Appeal to reverse it.
However, last week an activist filed a court action seeking a new TSC CEO, saying that Nancy Macharia’s term terminated in February since she reached the 60-year required retirement age.
Francis Owino, an activist, brought a complaint before High Court Judge Lawrence Mugambi to have Dr. Macharia removed from office since she has reached retirement age.
He believed Macharia’s term should have ended this February.
In the same court document, he alleges Macharia’s TSC boss contract was renewed for five years in July 2020.
Macharia succeeded Gabriel Lengoibon, who retired in June 2015.
On May 1, 2015, the position was advertised, attracting 69 candidates, four of whom were shortlisted.
Hidden Plan To Replace Nancy Macharia With Her Deputy
Ms Macharia is the 9th Commission Secretary/CEO, following Jesse Muhoro (1967–1974), James Kamunge (1974–1977), Duncan Mwangi (1978–80), Joseph Lijembe (1980–82), Jackson Kang’ali (1982–1998), Benjamin Sogomo (1998–2003), James Ongwae (2003–2004), and Gabriel K Lengoiboni.
The commission’s first woman CEO was her.
“In July 2020, the respondent was reappointed for another five-year term, which should have been her last. Owino alleges that the respondent’s tenure terminated in February 2023.
In 2020, the commission renewed its tenure. Owino also involved the Ethics and Anti-Corruption Commission and the teachers’ employer. The protester claims Macharia was illegally extended.
He contends that the TSC CEO and Secretary was illegally extended and reappointed.
Owino argues that education committee MPs are mute regarding her term. He claims Macharia retired at age 63.
The reply was born on May 11, 1963, making her 60 years old, the necessary retirement age. He says the respondent is 61.
Owino says that Ministry of Public Service, Gender and Affirmative Affairs Cabinet Secretary Aisha Jumwa cancelled all petitions for term extensions for public sector officials above 60 on February 16.
He also wants Macharia barred from managing the commission.
