Nairobi — A last-minute change to the draft constitution has allowed teachers to remain under one national employer.

Experts putting together the draft made a one-word change that effectively returned all the powers of recruiting staff to the Teachers Service Commission (TSC).

In a working draft heavily publicised by the media last week, the Committee of Experts had reduced the commission's powers to recruit teachers.

The team instead transferred the powers to regional and county governments who were to hire staff, including teachers.

Weakened

If the situation had remained the same, the draft would have severely weakened the commission in much the same way as had been proposed by the draft constitution that was rejected in the 2005 referendum.

The advance draft constitution quoted by the media last week gave the regional and county governments powers to employ and appoint staff for all their public services, including schools.

They were also to be in charge of promotions and transfers of the public staff in what the draft said was a move aimed at ensuring uniform standards.

The Kenya National Union of Teachers and Kenya Union of Post-Primary Teachers had opposed the clause before the document was released.

Opposition

It was not immediately clear whether their opposition forced the team of experts to amend the section.

In the latest draft, the committee substitutes the words "subject to Article 275" in the earlier draft with "despite Article 275" in retaining the current TSC powers.

It then lists the roles of the commission as including registering and employing teachers and posting them to any public school.

It will also promote the teachers and discipline errant staff as is the case currently.

Section 275 of the draft constitution, however, remains.