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New teacher disciplinary offences proposed in TSC amendment Act 2024

THIRD SCHEDULE
(Section 35C.)
DISCIPLINARY OFFENCES IN THE TEACHING SERVICE
The following shall constitute disciplinary offences in the teaching service;

(a) Immoral behavior with a learner, including;

i. sexual intercourse;
ii. sodomy;
iii. homosexuality;
iv. sexual harassment or flirtation;
v. love relationship;
vi. exposure to pornography;
vii. buying gifts intended to influence learners into immoral conduct; and
viii. aiding immoral conduct;

(b) professional misconduct including;

i. negligence of duty;
ii. chronic lateness to duty;
iii. chronic absenteeism;
iv. desertion;
v. incitement;
vi. insubordination; and
vii. poor performance of duty

(c) infamous conduct including

i. drunkenness;
ii. fighting;
iii. use of vulgar and abusive language
iv. cyberbullying

(d) sending or hosting learners in teachers’ residences, guest house, hotels, lodging;

(e) engaging learners to undertake household chores at teachers’ residence;

(f) submitting forged documents to the Commission to influence decision making processes;

(g) falsification and alteration of official documents or data;
(h) mismanagement, misappropriation and embezzlement of public funds;

(i) violation of procurement regulations;

(j) engaging in fraudulent activities that contravene the provisions of this act and the regulations made herein

(k) violation of Guidelines and directions issued or disseminated by the Commission;

(l) undertaking or facilitating holiday tuition;

(m) charging unauthorized fees and levies;

(n) withholding learners National Examinations certificates;

(o) administration of corporal punishment;

(p) exposing learners to and/or supplying them with illicit drugs and psychotropic substances;

(q) failure to register candidates for national examinations;

(r) commission of, and/or abetting any act leading to examination irregularities as provided under the Kenya National Examination Council Act and regulations;

(s) falsifying school enrollment data;

(t) aiding an unregistered person to gain the employment as a teacher;

(u) theft of institutional property;

(v) giving false or misleading information to the Commission;

(w) engaging in other gainful employment while an employee of the Commission

(x) conviction on a criminal offence by a Court of law which renders an employee unfit to remain in employment; or

(y) any other offence as may be provided in the Regulations.

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