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Lawmakers Raise Red Flags Over ECDE Amendment Bill

By Ahmed Salat Ali AARAN TV KE 

The Departmental Committee on Education, chaired by Julius Melly, has convened to deliberate on and adopt a report concerning the Early Childhood Education (Amendment) Bill (Senate Bill No. 54 of 2023), sponsored by Eddy Gicheru Oketch.

The proposed legislation seeks to amend the Early Childhood Education Act, No. 3 of 2021, with the aim of compelling county governments to take greater responsibility for the welfare of Early Childhood Development Education (ECDE) teachers in public institutions.

During its review, the Committee observed that the proposed amendments to Section 38 of the principal Act would require county governments to consider key economic indicators—such as inflation, the minimum wage, and the cost of living—when determining the remuneration of ECDE teachers.

“The intention is to ensure that ECDE teachers receive fair and responsive compensation aligned with prevailing economic conditions,” the Committee noted.

The Bill further proposes to grant the Cabinet Secretary powers to formulate regulations governing teachers’ welfare, a move that lawmakers say could strengthen oversight and standardisation across counties.

However, the Committee expressed concern that the proposed provisions may lead to overlapping mandates among key institutions. It warned that the changes could create a multiplicity of regulatory frameworks, potentially triggering institutional conflict with bodies such as the Salaries and Remuneration Commission, the Ministry of Labour, and the Teachers Service Commission.

“We must guard against legislative overlaps that could undermine existing structures and create confusion in the management of teachers’ welfare,” the Committee cautioned.

Further scrutiny revealed ambiguity in the wording of the proposed Section 2A(d), particularly the phrase “any other relevant factor.” Members argued that the lack of clarity could open the provision to broad and inconsistent interpretation.

“The language must be precise and unambiguous to ensure uniform application and avoid misuse,” the Committee emphasised.

The report is expected to inform further parliamentary debate as lawmakers weigh the potential benefits of enhanced teacher welfare against the risks of regulatory conflict and legislative uncertainty.

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