ECDE teachers say devolution has left them in limbo

More than a decade after Kenya’s devolved system of government took effect, a group of Early Childhood Development Education (ECDE) officers says it is still paying the price of a transition that left their careers, salaries and retirement benefits caught between two systems.

The long-running dispute came into sharp focus at the Senate, where representatives of 313  ECDE programme officers told the Senate Committee on Labour and Social Welfare that their transfer from the Teachers Service Commission (TSC) to county governments disrupted their careers and created uncertainty over their pensions.

The officers were originally trained teachers employed by the TSC on permanent and pensionable terms but they were later appointed as ECDE programme officers under the Ministry of Education.

The 2010 Constitution devolved ECDE functions to county governments, however, the officers expected the function and their employment arrangements to transition smoothly.

Instead, they say, the move became the beginning of years of uncertainty.

Lead petitioner Peter Makara told the committee, chaired by Senator Julius Murgor, that the officers had effectively experienced a salary freeze since their transfer in 2015.

“Since 2015 we have not had any promotions other than just the normal annual increments. We have had a salary freeze,” Makara said.

At the centre of the dispute is a TSC release letter issued during the transition indicating that the commission would continue paying the officers until June 30, 2015, after which county governments would assume responsibility for the function and their terms of service.

It also gave the officers an option to remain with TSC as teachers and seek deployment.

Some senators interpreted the arrangement as evidence that the officers voluntarily moved to county governments.

“We want to correct the petitioners that there was no force here. You willingly went to the county,” one senator said.

But a retired ECDE officer who appeared before the committee disputed that interpretation, describing the letter as “very malicious” and arguing that remaining in county service was not a choice she freely made.

The consequences, she said, have followed her into retirement.

She retired on a basic salary of Sh67,000 but now receives a monthly pension of Sh35,000. She told senators, a colleague who remained under TSC retired on a basic salary of Sh64,000 and received Sh47,000 in pension.

Her attempts to resolve the discrepancy have produced another layer of frustration with the Treasury officials, she said, acknowledging that there was a problem with her records but directed her back to TSC for correction.

The pension question is further complicated by the different arrangements adopted by counties. Some officers were enrolled in contributory schemes such as CPF and LAPTRUST, while others were told they could not join county schemes because they remained members of a national non-contributory pension arrangement.

Makara said the result is a retirement system that remains unclear and potentially leaves some pensioners having to navigate two different systems.

Kenya’s 2010 Constitution placed ECDE among the functions devolved to county governments, while primary and secondary education remained under the national government, with teachers managed by TSC.

The arrangement created a dual system that is particularly visible in schools where ECDE classes operate alongside TSC-managed primary classrooms.

“Two teachers can work in the same compound, teach children at different stages and share facilities, yet have completely different employers, salaries, benefits and career structures,” Makungu Pamela, an ECDE teacher in Vihiga said.

She noted that County-employed ECDE teachers face salaries that vary from one county to another, limited promotion opportunities and, in some cases, prolonged contracts or low stipends.

“Professional development opportunities can also be uneven, while inadequate classrooms, teaching materials, play equipment and other basic resources add pressure to teachers already struggling with limited remuneration,” she stated.

Senator Hillary Sigei highlighted the wider problem during a Senate debate in December 2025, saying that despite policies, recommendations and discussions between counties and ECDE representatives, implementation remained inconsistent.

“Basically those setting the foundations of our education systems have never enjoyed the benefits of those policies,” Sigei said, pointing to irregular salaries, poor infrastructure, inadequate equipment and insufficient training.

National Parents Association chairman Silas Obuhatsa said teachers in the setup are sometimes dismissed as little more than daycare.

“If we genuinely care about the foundation of education, then we must also care about the people laying that foundation. You cannot build strong learners while breaking the teacher,” he said.

Calls to harmonise ECDE employment under TSC have consequently gained momentum. Supporters argue that a unified system could standardise salaries, strengthen career progression, improve professional development and reduce disparities between teachers performing comparable work.

Counties have resisted losing control over a function assigned to them by the Constitution, while the national government would have to absorb a large recurring wage and benefits bill.

The Senate committee wants to establish what went wrong during the transition and identify practical remedies.

The committee resolved to invite TSC, the Intergovernmental Relations Technical Committee, the Council of Governors, the Retirement Benefits Authority, the Director of Pensions at the National Treasury and representatives of county pension funds to explain how the transition was handled.

“We believe that this is the right place where our prayers have been received and heard. We are very positive that you will assist us,” Makara said.