(Issued Under Article 35(3) of the Constitution)




There has been concern and misconception amongst members of the public over the role of the Ministry of Education and Teachers Service Commission (TSC) officials following the recent deployment of officers by both institutions to the Counties.


The Ministry of Education wishes to state clearly that there is no contradiction between the functions of the TSC and those of the Ministry. The two have distinct but complementary functions and each of them has deployed staff to the Counties to implement their respective mandates and functions as stipulated by the Constitution and Statutes.


The Ministry of Education accordingly deployed staff to facilitate the establishment   of County Education offices to ensure that Counties have the necessary manpower and infrastructure to implement Education policies in the County as provided for by the Fourth Schedule of the Constitution which allocates functions between national and County Governments.


This has been done after conducting an audit of the ministries functions and establishing clear guidelines for deployment and responsibilities of the officers. The officers will assume all the functions previously performed by Provincial Directors of Education except those that had been delegated to them by the Teachers service Commission.


The Ministry would like to clarify that the functions the Teachers Service Commission (TSC) has been vested with, under Article 237 of the Constitution, are strictly human resource management functions. The Constitution has given it the responsibility for recruitment, staffing, promotion, transfers, teacher certification, disciplinary control over teachers and to terminate the employment of teachers.


The formulation of education policies and programmes and other obligations the Government has to its citizens on matters relating to Education, remain the preserve of the Minister responsible for Education.


The County Directors of Education will in fact be implementing the policies and programs the Minister has formulated in consultation with other stakeholders. They will also ensure quality and standards of education in the Counties.


The County Directors of Education are  also responsible for management and monitoring of Free Primary Education(FPE) and Free Day Secondary Education(FDSE) and other educational programmes; advising and facilitating the establishment and registration of learning institutions by the County government; data management at the County level (management of all education related data); facilitating auditing of all basic education institutions liaison with Kenya National Examinations Council (KNEC) on management of National Examinations and Secretary to the County Education Board.


At the same time, the Officers will also be advising the County Education Boards on selection and appointment of Boards of School management (BOMs), School Management Committees and Parents Teachers Associations.


The Directors will additionally be responsible for: coordinating capacity building and development for officers, school managers, BOMs  and curriculum implementation; admissions, transfers and discipline of learners; co-ordination of partners and education providers in the county including links with other ministries on all education matters; supervision of Handing/Taking over exercises in schools and educational institutions; management of school buildings/property and infrastructure development; monitoring and evaluation of education programmes; management of co-curricular activities, sports education and talent development in  educational institutions 


Other responsibilities of the officers include co-ordination and supervision of all education officers and support staff at the county level; management of Adult and continuing education, Non-formal education, Special needs education, teacher education, other educational programmes and any other duties assigned by the Director General of Education. The officers will undertake these duties on behalf of the Minister for Education who is responsible for delivery, regulation and coordination of education services in the country.


County Directors deployed in Kisumu, Kakamega, Nakuru, Nyeri, Embu, Nairobi, Garissa and Mombasa Counties will take over the offices, assets and liabilities that were formerly under PDEs.


The remaining 39 County Headquarters have been taken over by County Directors and serving DEOs be allocated offices in the same premises.


There should therefore be no confusion or misunderstanding between the functions of the County Directors of Education the Ministry of Education has deployed to the Counties and the officers the TSC has deployed.


Signed by:




Hon. Mutula Kilonzo, EGH, EBS, MCIArb, SC, MP



DATE 24TH MAY, 2012

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