Governor Simon Kachapin Under Fire for Revoking Promotion of 1,650 ECDE Tutors

West Pokot Governor Simon Kachapin finds himself in hot water after a controversial decision to revoke the promotion of 1,650 Early Childhood Development Education (ECDE) teachers, a move that has sparked significant debate and garnered attention from the Senate Education Committee. The promotions were initially made under the tenure of former Governor John Lonyangapuo, who elevated the teachers from contract-based engagements to permanent, pensionable positions. However, Kachapin, shortly after assuming office, reversed the decision, claiming that the promotions were politically motivated.

This article explores the circumstances surrounding the revocation, the legal and political implications of the decision, and the broader context of ECDE employment in West Pokot County.

The Background: Promoting ECDE Teachers

On July 18, 2022, during the last days of his administration, then West Pokot Governor John Lonyangapuo promoted 1,650 ECDE teachers from contract-based positions to permanent and pensionable terms. This move came just 20 days before the August 9, 2022, general election, leading some to suspect political motivations behind the decision. The West Pokot County Public Service Board formalized the promotions the following day, with the resolution set to take effect on August 1, 2022.

However, on September 21, 2022, shortly after Governor Simon Kachapin was sworn into office, the county public service board suspended the promotions. This suspension has been a major point of contention, especially among the affected teachers who had already begun to adjust their expectations based on their new employment terms.

Senate Committee Scrutiny

Governor Kachapin’s revocation of the promotions was brought into the spotlight during a session of the Senate Education Committee, chaired by Murang’a Senator Joe Nyutu. The governor was summoned to explain the rationale behind his administration’s decision to overturn the earlier resolution, which many viewed as beneficial to the teachers and an important step for the future of ECDE in the county.

In his defense, Governor Kachapin argued that the promotions had been done hastily and were primarily motivated by political considerations. He claimed that his predecessor, Governor Lonyangapuo, had used the promotions as a campaign tool to garner votes from the teaching community ahead of the 2022 elections.

“This was done politically to hoodwink the teachers to vote for him,” Kachapin explained, adding that the county public service board had been under political duress during the campaign period, resulting in the rushed approval of the promotions. Kachapin asserted that the decision to revoke the promotions was necessary to ensure the integrity of the county’s employment process and financial sustainability.

The Senate’s Response

The Senate Committee members, however, were not satisfied with Kachapin’s explanation. Senator Johnes Mwaruma of Taita Taveta questioned the governor’s decision to revoke the promotions so soon after they had been confirmed by the public service board, asking, “How did the board revoke the same days after confirming the teachers?” This raised concerns about the legality and transparency of the revocation process, as well as the role the new administration might have played in pressuring the board to reverse the decision.

West Pokot Senator Julius Murgor, who had brought the issue to the Senate’s attention, expressed his dismay over the plight of the teachers. He highlighted the unfair treatment they had been subjected to, noting that many had been complaining about poor remuneration and unfair job classifications. Some of the teachers, he said, had been categorized as clerks despite being fully trained and qualified educators. Senator Murgor pressed Governor Kachapin to clarify whether his administration had also influenced the board to reverse the promotions.

In response, Kachapin insisted that his administration had not applied undue pressure on the board. Instead, he attributed the decision to the county’s financial limitations, explaining that the promotions, as originally implemented, would have required an additional Sh134.4 million annually to cover the costs of absorbing all the teachers into permanent, pensionable positions.

Financial Implications of the Promotion Reversal

Governor Kachapin’s argument for revoking the promotions hinges largely on the financial strain that such a move would have placed on the county’s budget. According to Kachapin, his administration had set aside Sh60 million for teacher promotions by the end of the 2025 financial year. However, absorbing all 1,650 ECDE teachers into permanent and pensionable positions would have required far more—an estimated Sh134.4 million annually.

While Kachapin acknowledged the importance of improving the employment terms for ECDE teachers, he maintained that the county simply did not have the financial capacity to implement the promotions as initially planned. Instead, he proposed a more gradual approach, with the teachers being absorbed under different terms over the course of several years.

Legal and Political Ramifications

The revocation of the promotions has not gone unchallenged. Some of the affected teachers have already taken legal action, seeking to have the original promotion terms reinstated. Nominated Senator Margaret Kamar warned Governor Kachapin that the teachers were likely to win their case in court, should the matter proceed to litigation. Kamar pointed out that the teachers had already received formal letters confirming their promotions, which could be seen as binding contracts.

The legal battle, if it unfolds, could have significant implications for both the county government and the teachers involved. A court ruling in favor of the teachers would force the county to reinstate the original promotion terms, potentially resulting in a major financial burden for the county. On the other hand, if the court sides with the county, the teachers may face continued uncertainty and dissatisfaction with their employment terms.

Politically, the issue has already created tension between Governor Kachapin and his predecessor, John Lonyangapuo. Kachapin’s claims that the promotions were politically motivated have sparked criticism from various quarters, with some accusing him of playing politics himself by reversing the decision and then proposing a phased implementation of the same promotions under different terms.

Nominated Senator Peris Tobiko was particularly vocal in her criticism, asking, “Why revoke an earlier decision and implement it now under different terms if you are also not playing politics?” This sentiment has been echoed by others who see the revocation as a politically charged move that has only exacerbated the challenges faced by ECDE teachers in the county.

The Role of the County Public Service Board

The West Pokot County Public Service Board has also come under scrutiny for its role in both approving and revoking the promotions. The board’s chairperson, John Matakou, appeared before the Senate committee alongside Governor Kachapin and provided insight into the timeline of events. According to Matakou, the board received an advisory regarding the promotions in April 2022, but delays from the county’s finance department meant that the promotions were not officially confirmed until July 18, 2022.

Matakou explained that the revocation came after the finance department informed the board that there were insufficient funds to fully implement the promotions. This led the board to extend the teachers’ contracts by 18 months, until December 2023, rather than proceeding with the original plan to convert the teachers to permanent and pensionable positions.

The Future of ECDE in West Pokot County

As the legal and political battles continue, the fate of ECDE teachers in West Pokot County remains uncertain. The county government’s commitment to gradually improving employment terms for these teachers will likely depend on both the outcome of court proceedings and the availability of financial resources. Governor Kachapin’s administration faces a delicate balancing act between managing the county’s budgetary constraints and addressing the legitimate concerns of ECDE teachers who feel that they have been treated unfairly.

In the meantime, the Senate Education Committee will continue to monitor the situation, with the hope that a resolution can be reached that satisfies both the teachers and the county government.

Ultimately, the controversy surrounding the revocation of the promotions has highlighted the broader challenges facing ECDE teachers across Kenya, many of whom continue to struggle with low pay, uncertain job classifications, and a lack of clear career progression pathways. The outcome of this case could set an important precedent for other counties dealing with similar issues, making it one to watch closely in the coming months.