Joseph Mutimba was fired by The Teachers Service Commission (TSC) over a degree dispute originating from university fee arrears. The secondary school teacher had purportedly obtained his degree certificate from Masinde Muliro University (MMUST) without clearing his fees amounting to Sh198,800.

MMUST later questioned how the teacher obtained a certificate while still having payment arrears cancelling his Bachelor of Education (Arts) degree and shortly after, TSC suspended him.

Mitumba filed a lawsuit against MMUST for infringing his rights under Article 28 of the Constitution which states that “Every person has inherent dignity and the right to have that dignity respected and protected.”

High Court Judge William Musyoka consented to his demands but refused to award him damages on the basis that he had missed explaining how the degree certificate got into his possession.

“The petitioner has not come clean on how he gained possession of the certificate after it disappeared from the custody of the respondent (MMUST),” the judge explained in his decision delivered last week on October 16th.

Justice Musyoka appended that it was improper for the Kakamega based university to reach the TSC asserting that the professional certificate he had used to seek employment was fake, yet the teacher had passed all his exams and successfully graduated.

The university pronounced in court that his name was mistakenly inserted in the graduation roster although he had not completed paying school expenses.

Mutimba who graduated on 6th of December 2013, revealed to the court that he got hired by TSC in 2016 but the situation slipped when he got a note from the university in May 2019 recalling his degree certificate.

Upon interrogation from TSC, he was acquainted that his payroll had been suspended following a report from the university over his fee arrears. Mutimba was amongst a group of fee defaulters whose names were published by MUST, attesting that their degree certificates had been revoked.

GETTING A NEW CERTIFICATE IS THE ONLY SOLUTION

The court noted that TSC made it apparent that republication of the same certificate with a new serial number would not resolve the matter since Mutimba was initially hired based on the old certificate.

The court directed that for Mutimba to get reinstated by TSC, he ought to get a fresh degree certificate with a new serial number.

Mutimba’s legal battle with the university resulted from the institution revoking his degree and declining to reinstate it.

After filing a lawsuit at the Employment and Labour Relations Court TSC was blocked from withholding his salary after the court found out that Mutimba had satisfied all academic qualifications and had graduated.

However, the court declined to grant orders asked in the case due to the fee arrears claim. The university had originally submitted to republish the old certificate but TSC rejected. The teacher then applied to the High Court, challenging MMUST’s decision to reprint.

In its reply, the university alleged that Mutimba had difficulty clearing fees, and regularly sought late registration of examinations. The teacher’s name was included in the graduation program but the university reserved his degree certificate till fee arrears were settled.

Back in June 2015, MMUST reported to the police that Mutimba’s degree certificate had been stolen prompting the university to revoke his documents. It is alleged that Mutimba got employed by TSC through a stolen degree certificate.

Machakos county has joined the list of counties where schools have been affected by COVID-19 virus. Fear has seized students and teachers of Muumandu Secondary School, Machakos after a Form Four candidate tested positive for Covid-19.

According to reports, medical officers from emergency services and the County Department of Health removed the male student from the school to his parent’s residence in Kee, Kaiti Sub-county Makueni county for quarantine.

Four teachers from the institution who are believed to have come into touch with the learner have also been directed to proceed on a 2-week self-quarantine. The form 4 candidate is said to have travelled from Mombasa County when learning resumed.

Health staff took samples from the quarantined teachers for Covid-19 analysis as well as all the students who shared classroom and dormitory with the victim.

In a confidential letter written by the school principal to the county director of education, the school was fully fumigated and the rest of the learners and non-teaching staff were guided through a two-day sensitization on Covid-19 health protocols.

Machakos County Health Minister, Ancent Kituku confirmed the occurrence saying that the school is currently under control and affirmed to parents, learners and teachers that the administration has put in place measures to check such cases.

“We want to assure the public that everything is in control and reassure the parents that the teachers and students have been taken good care of. We have also taken measures to carry out contact tracing,” Dr Kituku said in an interview with THE STANDARD.

This comes days after two schools in Mombasa, one school in Kakamega and another one school in Nandi Counties reported COVID-19 cases. 

Baringo county has renewed the contract of 1,735 early childhood development education (ECDE) teachers for another three years.

Baringo County Governor Stanley Kiptis announced the teachers have been distributed with staff identification numbers to aid timely payment of salaries and access of their payslips through human resource system (Ghris) portal.

“This will boost their morale as we continue engaging the Council of Governors and the Salaries and Remuneration Commission (SRC) on the issue of the scheme of service for ECDE teachers,” he said.

Governor Kiptis noted that to create favourable learning conditions for the learners, the county constructed 177 classrooms from 2017 and fully provided furniture to 189 schools.

Baringo county government has constructed a sum of 114 sanitation facilities and 628 modern classrooms since 2013 with enrolment increasing from 49,786 to 51,335

Baringo county governor noted that a phased feeding scheme of Sh 14.4 million will commence upon resumption of learning for remaining classes.

Mr Kiptis stated that his administration has purchased learning materials such as textbooks and syllabuses for pre-primary for the 1,045 schools at 10.1 million.

The county further unveiled an ECDE policy in partnership with the World Food Programme (WFP) directed at giving meals to 52,000 children in the ECDE centres in the count.

“The ECDE Meals and Nutrition Programme Policy and Implementation Guidelines were finalized in December 2019 with the kind technical and financial support from the World Food Programme. We sincerely thank WFP for the generous gesture,” said governor Kiptis.

“The programme will enable the learners to be served with a midday meal and thus reduce cases of absenteeism due to lack of food,” he added.

He urged parents and other stakeholders to pull up to ensure their children are well-nourished and healthful to optimize their full potential in education.

Concerns are emerging over the safety of learners in schools especially after the closure of several schools where a number of teachers and students tested positive for COVID-19 virus.

In a symposium organized by Aga Khan University, Nairobi, CAS Mwangangi on 23rd of October said, the status of schools as it stands does not merit closure of the institutions.

She, however, confirmed cases of teachers testing positive for COVID-19 adding that doctors have been dispatched to the affected schools. The CAS noted that the situation should not cause panic among parents. “Right now there is no cause for worry and no cause of concern,” she said.

“As much as children are masking and washing their hands and we have an alert system for anything that could go wrong, everything shall be okay,” Mwangangi said.

“It is not hard to hear that a certain teacher is positive or there is such a case in a school. It is essential that you will have positive teachers. Our children will remain safe and parents should not be worried too much when it comes to particularly classes which are already enrolled”

The CAS said that thorough assessment based on evidence is being worked on by the health authorities to inform the next course of action in the learning sector.

“What we are doing right now is that we are partnering with the Ministry of Education. We have a team of doctors which we have sent to the Ministry of Education, and they are sitting together to be able to determine the affected schools, to determine what the extent of that is and what measures can be put in place to ensure that the situation is under control.” She said.

“Studies are showing us that children are less and are being asymptomatic and may not be at a high rate. And yes we do appreciate that our teachers may be at risk. Measures are being put in place in consultation with the ministry of education as a team working to define what the next step will look like.” She concluded.

Kenya recorded an alarming 1,068 new Covid-19 cases on Thursday, bringing the total caseload to 47,212.

Speaking on Thursday morning, Health Chief Administrative Secretary Dr Mercy Mwangangi pronounced with the high number of COVID-19 cases, only Grade four, Class eight, and Form four candidates might proceed with their studies in the short term.

“In light of the current curve, we shall sustain it at grade fours, class eights, and those who are doing their national exams as we analyze the situation to see what happens.” She stated

The CAS pointed to the difficulty of observing social distancing in learning institutions and among learners saying Kenya has to adapt and learn to survive with the virus.
 
CAS Mwangangi called on parents to remain calm asking them to ensure their sons and daughters are equipped with protective gear as well as helping them to comply to safety measures.

At the same time, Dr Mwangangi asked on Kenyans to strictly comply to COVID-19 containment protocols adding that the possibility of another surge should be taken seriously.

“The warning of a second wave by the CS should be taken seriously. Experts are telling us we are not doing well, our curve is climbing,” She said

Mwangangi blamed the surge in COVID-19 circumstances to Kenyans ignoring the containment measures maintaining that the disease is still here and everyone should hold their guard.

“49 people are currently in ICU admission for COVID-19. The numbers are real. We are pleading with Kenyans as a Ministry to keep wearing their masks, washing hands, and adhering to all safety measures,” Dr Mwangangi said

She said the Health Ministry is studying at all factors such as the compulsory wearing of face masks and using community administrators to guarantee safety standards are adhered to at the community level.

The CAS revealed that all possibilities including imposing another lockdown, are on the board to increase the safety standards maintaining that the Government must guard its citizens.

COVID-19 cases in the country stand at 46,144 with 858 deaths registered since the first instance of the disease was recorded in the in March.

Barely a fortnight since the phased reopening, COVID-19 has continued to affect learners in schools. Two schools were shut down in Mombasa County yesterday after teachers and students tested positive for Coronavirus.

A student has been isolated after testing positive at Kabote Adventist Secondary School in Nandi Hills, in a worrying trend of COVID-19 pandemic. This happened even the Grade four assessment tests kicked off yesterday.

According to Nandi Hills Hospital Medical Superintendent Dr Joseph Kangor, medics had been visiting Kabote to test the learners.

"The health teams are closely monitoring schools to ensure the situation is under control," Ms Koech said yesterday.

In another case, a Form 4 candidate at St Peter's Boys, Kakamega was admitted to an isolation centre in Mumias after testing positive for the virus. The candidate had initially been rushed to St Mary's Mission Hospital for medication after he contracted a fever while in school.

Two other students are in isolated at the school premise due to earlier interaction with their colleague.

"He is currently in stable condition at the isolation centre. Adequate measures have been taken to ensure that other students who interacted with him self-quarantine in a facility at the school," said Dr Collins Matemba, the county Health executive.

In Nairobi County, two non-teaching staff at Nova Pioneer Schools were also reported to have contracted the virus hence delayed reopening by a week.

"We did contact tracing and tested others as well. It concerns us and that is why we did what did, especially for those handling the children,"  director Christopher Khaemba told the Nation.

Form 4 candidates reopened schools for face-to-face learning 12th this month after the Ministry of Education directed that standard 8, Grade 4 and form 4 learners resume studies after a seven-month break due to the coronavirus crisis.

COVID-19 infections have tripled since reopening of schools casting doubt on Monday's anticipated full resumption of face-to-face learning in Kenya. Parents, teachers and various education stakeholders have urged caution.

"Corona came to wipe away 2020 academic year in Kenya! Trying to squeeze in there will not yield any positive results! Let's wait for January 2021 for schools to resume learning. In any case, losing one academic year is not a big deal in Kenya." One parent said.

"We are trying, but it's not a walk in the park. Learners came to school with the notion that Corona is not there and so they are wearing masks to please teachers. They are wondering why they should put on the masks, even after counselling and talking to them!" Benard Wanjala, a teacher added.

A good number of Grade 4 and Standard 8 pupils missed the Kenya National Examinations Council (Knec) assessment that kicked off on Wednesday.

School heads have blamed the government of failing to fund the purchasing of materials. They have complained of the high cost of downloading and printing the voluminous materials, particularly for class Eight candidates who are to be tested in all subjects.

Schools are required to come up with their timetables for the tests, which conclude on Friday. Scores of the internally marked assessments will later be uploaded on the Knec portal.

It is assumed that some learners might have dropped out of school during the Covid-19 closure period mostly due to marriages, pregnancies, and child labour.

For instance, at Moi Avenue Primary School in Nairobi, Ms Ruth Chepkorir, the headteacher, noted that her staff are doing a lot of efforts in tracing children who have not reported to the school.

Schools with no financial capacity to print and photocopy test materials were forced to compel learners to pay for the cost while in some schools teachers have used money from their pockets to meet the school demands since March.

Some headteachers claim that the government only released 20 per cent rather than 30 per cent of the funds noting that the funds were not enough. Each learner was allocated Ksh137.40 to run through the whole term.

Kenya National Examination Council says the evaluation is intended to check the learners’ readiness in classwork. It aims at distinguishing learning hiatuses and inform appropriate interventions.

Moi Avenue Primary School in Nairobi assessed standard 8 candidates as Grade 4 learners are set to begin their examinations today.

In some schools like Pandi Pieri Primary School in Kisumu, 20 pupils did not turn up for reopening as they were transferred to other institutions hence were not assessed at the school.

Tests delay cases were reported in several Vihiga and Homa Bay Counties as heads had to travel or walk to printing firms to receive materials from

Schools adhered to the Ministry of Health guidelines by ensuring social distance in examination rooms. High Peak Junior Academy only allowed ten learners in the assessment room to meet health protocols.

The Building Bridges Initiative (BBI) taskforce report is discouraging the local recruitment and staffing of teachers. The report recommends that programmes be put in place for cultural exchange and integration among different schools so that learners can recognise and appreciate the different cultures and dynamics in the country

"On teacher recruitment, the Ministry (of Education) should adopt policy guidelines that discourage local recruitment and staffing of teachers, depending on the circumstances," the report recommends.

Delocalisation policy fired a conflict between Kenya National Union of Teachers (Knut) and the Teachers Service Commission (TSC). The teachers union further noted that the commission affected the quality of education by transferring old and sicky teachers to far-off counties. TSC boss Nancy Macharia had, however, contended that delocalization was a way of promoting national cohesion.

"Delocalisation is simply a transfer; we want to ensure that teachers do not teach in their locality for the entire career," TSC, led by its CEO Nancy Macharia solidly affirmed. Knut was however objected to the custom in which delocalisation was carried in recent years stating that it was meant to punish teachers.

At the same time, the task force report indicates that ethnic hostility, hatred and competition are a major menace to Kenya's progress and to the very continuity of the country.

To encourage social ties and foster unity among all the communities, stakeholders prescribed that the Education Ministry, through the Kenya Institute of Curriculum Development, examines the curricula to include and integrate the teaching of national unity, character, and cohesion to learners throughout their formative or preceding years.

It also suggests the evaluation of policies in the education sector that advance social integration, particularly as regards admission to learning institutions. The stakeholders also coincided with the BBI Report that prearranged efforts should be put in place to ensure a national expectation in the student and staff population in every school.

The report additionally indicated that TSC-deployed teachers in boarding schools should not exceed half of the teachers originating from the outside counties. The report further advised that teachers should be vetted on a case by circumstance basis before being transferred to various counties.

A month after President Uhuru Kenyatta toured Dean Achesa and Patrick Kamojo's workshop in Mtindwa along Outering Road to assess the production of school desks, the two carpenters are yet to be awarded the tender.

The procurement process has taken longer than expected. School heads have expressed fears over the lack of desks for schools to reopen gradually.

President Uhuru Kenyatta launched the Ksh1.9 billion school desk project last month, but the tour that gave hopes to the artisans is now dwindling.

"Since he departed, even the desks that we had made… we haven't got any job. The ones you are seeing here are for private schools. " Peter Owino, one of the Carpenter said.

The artisans were subjected to evaluation exercise after the president's visit. They are now complaining that the tender has taken over a month despite directive that only local carpenters would be considered in the project.

The carpenters now want the government to expedite the process as they are heavily endangered after investing over Sh2,000,000 on the project.

School heads have expressed concerns over the delayed supply of desks in time as it would be a nightmare for them when schools resume normally.

"For standard 4, the children have been sharing three learners per desk. So it is going to be a challenge when other pupils resume because we are now using desks which were used by other classes." Lidia Namisi, a headteacher at Nzoia Primary School said.

For now, the carpenters are busy focused on serving private schools for the placed orders ahead of the reopening as they await the government's promise. 

Learning has been suspended at Star of the Sea High School in Mombasa after four students and eleven teachers tested positive of Covid-19 on Wednesday, October 21.

The infected persons include a senior teacher and 3 of her colleagues. The Ganjoni located school has been forced to shut down with immediate effect as health officers began to fumigate the premises within the institution.

Tononoka High School has also reported Eleven COVID-19 cases that have also forced the learning institution to shut down. It is not clear yet whether more students have contacted the virus or not.

According to Mombasa County Commissioner Gilbert Kitiyo, the two affected schools will be shut down for two weeks as a mitigation measure will be observed according to the health protocols.

Form Four candidates resumed face-to-face learning 12th this month following the Ministry of Education directive on the resumption of studies across the country after a seven-month break due to the Covid-19 crisis.

Coronavirus infections have tripled since the schools were reopened casting uncertainty on Monday's expected full resumption of face-to-face learning in Kenya. Parents, teachers and various education stakeholders have urged caution.