TEACHERS SERVICE COMMISSION CODE OF REGULATIONS FOR TEACHERS (REVISED)
This chapter defines terms used in the Code and the meanings assigned to them. It also sets out the establishment of the Teachers Service Commission and how some of its functions may be decentralized.
- Interpretation These Regulations may be cited as the Teachers Service Commission Code of Regulations for Teachers (2013)
- Definitions In these Regulations except in so far as the context or subject matter otherwise indicates or requires: –
(i) “Agent” means anybody or person appointed by the Commission in accordance with Section 20 of the TSC Act;
(ii) “Allowances” means award given to a teacher to meet a particular need, in addition to the basic salary.
(iii) “Appointment” means conferment upon a registered teacher the power to perform teaching and/or administrative duties in any public educational institution.
(iv) “Assignment” means allocating teaching and/or administrative responsibilities to a teacher posted to a public educational institution.
(v) “Basic Salary” means a teacher’s salary, excluding allowances;
(vi) “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters related to education;
(vii) “Chairperson’’ means the chairperson of the Commission appointed under the Constitution and Section 8 of the TSC Act;
(viii) “Code” means the Teachers Service Commission Code of Regulations for Teachers (2013);
(ix) “Commission” means the Teachers Service Commission established under Article 237(1) of the Constitution of Kenya 2010;
(x) “ Committee” means a group of people assigned a given task
(xi) “Conciliation” means the process of settling disputes between opposing parties whereby a neutral person (conciliator) brings them together to reach a compromise.
(xii) “Contract” means an agreement between a teacher and the Teachers Service Commission on terms and conditions of service;
(xiii) “County Director” means the principal officer responsible for teacher management functions at the County level;
(xiv) “Desertion” means being absent from duty continuously for a period of 14 days or more without written permission or acceptable explanation;
(xv) “Dismissal” means decision taken to remove a teacher from the service of the Teachers Service Commission;
(xvi) “Disciplinary panel” means a Committee of the Commission constituted to hear and determine teachers’ discipline cases;
(xvii) “Embezzlement” means fraudulent conversion of public funds and/or property entrusted to a teacher;
(xviii) “Head of Institution” means head teacher or Principal and the two terms are used interchangeably.
(xix) “Head-teacher” means the lead educator or administrator in a primary level educational institution appointed by the Commission as such and responsible for the implementation of the educational policy guidelines and professional practices;
(xx) “Interdiction” means the prohibition of a teacher from exercising the powers and functions of his/her office pending determination of the case against him/her;
(xxi) “Investigations panel” means a committee of the Commission constituted to make inquiries on allegations against a teacher and cause preparation of a report for appropriate decision making process;
(xxii) “Learner” means a person undergoing instruction in an educational institution;
(xxiii) “Mediation” means negotiations between parties involved in a dispute whereby the parties refer the matter to a third party (Mediator) to assist them reach a compromise.
(xxiv) “Member” means a member of the Commission appointed in accordance with the Constitution and Section 8 of the TSC Act.
(xxv) “Misappropriation” means use of allocated public funds for unauthorized purposes by a teacher;
(xxvi) “Mismanagement” means handling of public funds in an inefficient manner and likely to impact negatively on the operations of the institution;
(xxvii) “Negotiations” means a dialogue between two or more parties intended to resolve a dispute by crafting outcomes which satisfy various interests of the parties involved.
(xxviii) “Next of kin” means that person(s) related to the teacher by blood, marriage or adoption and to whom the teacher has delegated the award of benefits that may otherwise accrue to him/her;
(xxix) “Payroll data capture” means monthly amendments of teachers’ information to update details in view of the changes that have taken place from time to time;
(xxx) “Pecuniary Embarrassment” means a situation of high indebtedness that a teacher would find himself/herself in after failing to live within his/her means
by incurring financial liability that he/she cannot satisfy, thus rendering himself/herself unproductive at the workplace.
(xxxi) “Performance Appraisal” means the process of assessing a teacher’s performance in a given period, based on set targets.
(xxxii) “Principal” means the lead educator or administrator in a post-primary level educational institution appointed by the Commission as such and responsible for the implementation of the educational policy guidelines and professional practices;
(xxxiii) “Private school” means an institution where learners receive instruction and
meets the basic standards as stipulated under the Basic Education Act (2013), and such a school is not assisted out of public funds;
(xxxiv) “Promotion” means the conferment upon a teacher of a position to which is
attached a higher salary or higher salary scale than to the one to which the teacher was last substantively appointed;
(xxxv) “Public school”means an institution where learners receive instruction and meets
the basic standards as stipulated under the Basic Education Act (2013), and such a school is assisted out of public funds;
(xxxvi) “Quality assurance” means systematic activities implemented to ensure quality requirements of the teaching service are complied with;
(xxxvii) “Recruitment” means the process of hiring a registered teacher;
(xxxviii) “Register” means the register of the teachers as provided for by Section 24 of the TSC Act;
(xxxix) “Registration” means the process of having a teacher placed on the Teacher’s Service Commission register in accordance with Section 23(1) of the TSC Act;
(xl) “Relief teacher” means a qualified teacher employed on part time basis for period not exceeding six months.
(xli) “Removal from the register” means decision taken to remove a teacher from the register of teachers thus disqualifying such a teacher from undertaking teaching in any learning institution in Kenya;
(xlii) “Secretary” means the Secretary to the Commission appointed by the Commission under Article 250 (12) of the Constitution and in accordance with the procedure set out in section 16 of the TSC Act.
(xliii) “Stakeholder” means a person, a public or private institution or organization
involved in an education, training and research institution and with vested interests for the benefit of such an institution;
(xliv) “Suspension” means the removal of a teacher from duty, with loss of basic salary as a punishment for a period not exceeding six months;
(xlv) “Teacher” means a person who has been trained as a teacher as provided for in law and registered in accordance with Section 23 of the TSC Act;
(xlvi) “Teaching Certificate” means a certificate issued to a registered teacher under Section 35 (2) of the TSC Act;
(xlvii) “Teaching Service” means the collectivity of all individuals registered by the Commission and engaged in the teaching profession whether employed by the Commission or not;
(xlviii) “Teaching Standards” means the basic principles or values on teaching and
professional conduct expected of a teacher as provided for under the TSC Act, other relevant laws and regulations made from time to time;
(xlix) “Tertiary Institution” means post secondary institutions excluding universities;
(l) “The Act” means the Teachers Service Commission Act, No. 20 of 2012;
(li) “The Constitution” means the Constitution of Kenya (2010);
(lii) “Transfer” means reassigning a teacher or Head teacher/principal to perform teaching and/or administrative duties in a different institution.
- The Commission (a) Establishment The Teachers Service Commission is an independent entity established in accordance with Article 237, of the Constitution of Kenya (2010)
(b) Members of the Commission
The Commission shall consist of a Chairperson and eight other members appointed in accordance with the Constitution and provisions of Section 8 of the TSC Act.
(c) Functions of the Commission
Under Article 237 of the Constitution, the Teachers Service Commission is charged with the following functions:
(i) To register trained teachers;
(ii) To recruit and employ registered teachers;
(iii) To assign teachers employed by the Commission for service in any public school or institution;
(iv) To promote and transfer teachers;
(v) To exercise disciplinary control over teachers; and (vi) To terminate the employment of teachers.
(d) Further, the Commission is mandated to: –
(i) Review the standards of education and training of persons entering the teaching service;
(ii) Review the demand for and supply of teachers; and
(iii) Advise the national government on matters relating to the teaching profession.
(e) Other functions of the TSC
In addition to the functions set out in Article 237 of the Constitution, the Commission shall—
(i) Formulate policies to achieve its mandate;
(ii) Provide strategic direction, leadership and oversight to the secretariat;
(iii) Ensure that teachers comply with the teaching standards prescribed by the Commission under this Act;
(iv) Manage the payroll of teachers in its employment;
(v) Facilitate career progression and professional development for teachers in the teaching service including the appointment of head teachers and principals;
(vi) Monitor the conduct and performance of teachers in the teaching service; and
(vii) Do all such other things as may be necessary for the effective discharge of its functions and the exercise of its powers.
(f) In the exercise of the powers conferred by the Constitution and the Act, the Commission shall:-
(i) Establish and maintain a Teachers Service adequate to the needs of public schools and tertiary institutions in Kenya; and
(ii) compile and publish a code of regulations which shall apply to all registered teachers; and may from time to time modify or amend the code of regulations in such manner as it thinks fit
- The Secretary, Teachers Service Commission
a) There shall be a Secretary to the Commission as provided for under Article 250(12) of the Constitution, who shall be appointed in accordance with Section 16 (1) of the TSC
b) The Secretary of the Commission shall be the Chief Executive Officer of the Commission.
c) The Secretary shall responsible to the Commission for the discharge of his duties, in accordance with Section 16 (5) of the Act;
d) All Communications to the TSC HQS shall be addressed to the Secretary TSC, TSC House Upper Hill, Kilimanjaro Road- Private Bag, Nairobi, 00100, Kenya or email address at [email protected]
- Decentralization and Delegation of Functions of the Commission
(i) The Commission shall decentralize aspects of its functions to the county level offices and may also delegate the same to specific agents as provided for in Section 20 of the TSC Act.
(ii) The Commission shall appoint TSC County Directors to facilitate the decentralization of teacher management functions as provided under Article 237 of the Constitution.
(iii) For the purpose of this Code the TSC County Directors shall perform the following functions in consultation with state and non-state actors in the education sector and the Commission Secretary:
(a) Registration: Facilitate the processing of teacher registration and enforcement of the requirements for teacher registration.
(i) Coordinate teacher recruitment at the County and ensure that the recruitment guidelines in force are adhered to;
(ii) Maintain a data base on all qualified and unemployed teachers against the staffing levels within the County.
(i) Manage the teacher placement process within the county through new recruits, posting after study leave/discipline and transfers except in special and tertiary institutions, in consultation with the headquarters.
(ii) Identify and deploy teachers in positions of responsibility, in accordance with existing guidelines.
(i) Conduct promotion interviews as per the guidelines issued from time to time;
(ii) Maintain a data bank on all teacher promotional vacancies available at the County;
(iii) Coordinate identification and selection of candidates for the Teacher Proficiency Courses within the county as per the guidelines provided from time to time;
(iv) Update teacher promotions under the common cadre establishment within the county.
Undertake timely and accurate amendments of the payroll on a monthly basis.
(f) Exercising Disciplinary Control over Teachers
i) Initiate investigations on all allegations made relating to professional misconduct of teachers within the County;
ii) Where investigations confirm professional misconduct, interdict the teacher(s) involved except in cases of teachers in post primary institutions with functional management
Boards; iii) Constitute and convene disciplinary panels, in accordance with existing guidelines, to hear and determine all cases within the county.
(g) Maintenance of Teaching Standards
(i) Ensure teachers comply with the teaching standards prescribed by the Commission as per the TSC Act;
(ii) Monitor the conduct and performance of teachers in the teaching service;
(iii) Conduct Performance Appraisal of teachers at the County and submit Performance Appraisal Reports to the HQs annually.
- Delegated Authority The Commission may either, generally or in particular case, delegate to any Committee or to any agent the exercise of any of its functions pursuant to Section 20 of the Act. For the purpose of this Code the appointed agents shall perform the following functions:
Conduct interviews during the recruitment process as per the guidelines issued by the Commission from time to time.
(b) Exercising Disciplinary Control Over Teachers
In institutions where there is a functional Board of Management in an educational institution, it shall be the responsibility of the Board to conduct investigations on allegations against teachers and where professional misconduct is confirmed, interdict the teacher. However, notwithstanding the powers vested on the Boards of Management, the TSC County Director may also interdict an offending teacher.
Any delegation made to an Agent is subject to the conditions that: –
(c) Conditions of Delegation of Functions
Any delegation made to an Agent is subject to the conditions that: –
i) The Agent shall be appointed by the Commission in writing;
ii) The Commission shall not thereby be prevented from the exercise of any power delegated to any such Agent;
iii) The Commission may at its discretion revoke the delegation to such Agent in writing.
iv) Every act done and every document executed by an Agent in the proper exercise of any function delegated to the Agent under Section 20 of the Act shall have effect and validity as if it were an act done, or a document executed by the Commission.
- Application of Regulations
i) These Regulations except as otherwise provided shall apply to all registered teachers; ii) Every teacher shall be deemed to have read and understood the provisions of the Code; iii) Each Head of institution shall ensure that at least two copies of this Code are available in the school for use by himself/herself and the teachers therein. One copy should be made available in the staff room at all times. In addition teachers may access and/or download the same at www.tsc.go.ke;
REGISTRATION OF TEACHERS
This chapter spells out the procedure for registration of teachers pursuant to Article 237(2) (a) of the Constitution and provides that one must be registered by the Commission in order to teach in any public educational institution in Kenya, excluding universities. The chapter also explains the procedure for re-admission to the register for a deregistered teacher and appeal avenues for an applicant whose registration has been rejected by the Commission.
Also explained are offences related to registration, penalties and steps to be taken in the event of loss of a Registration Certificate.
- Application for Registration Any person who wishes to be employed as a teacher in any institution in Kenya, registered by the Cabinet Secretary responsible for education must first make application, in accordance with Section 25 of the TSC Act.
- Conditions for Registration
A person shall be eligible to be registered as a teacher if such person:
a) Is of good moral character;
b) Holds a relevant certificate issued to him or her under any law relating to education and training except as specified in Section 27 of the TSC Act 2012.
c) Non-Kenyan citizens, on exchange programmes or other bilateral arrangements shall be issued with a temporary registration certificate upon satisfying the Commission that they meet the minimum requirements to teach in Kenya.
- Particulars in Application for Registration The following particulars shall be supplied to the Commission in the manner prescribed in the Application for Registration Form that can be accessed on-line or as the Commission may from time to time prescribe, by any person making application to be registered: – (a) Full name;
(c) Date of birth;
(i) Physical Address
(ii) Postal Address
(iii) Email Address
(iv) Telephone number
(f) National Identification/Passport Number
(g) PIN Number
(h) Education qualifications;
(i) Professional qualifications;
(j) Record of service, giving names of schools and other organisations in which service was given and dates of such service; and
(k) Any other particulars or information that the Commission may require in compliance with existing laws.
- Proof of Particulars
(a) The Commission may at any time require a person who has been registered, or is applying to be registered, to furnish the Commission with proof as to the correctness of the following particulars: –
(i) Date of birth, or presumed date of birth;
(iii) Education qualifications;
(iv) Professional qualifications and
(v) Any other certificate that the Commission may require from time to time.
(b) Where the Commission is satisfied that proof cannot be submitted as prescribed in these Regulations, it may in its discretion accept other forms of evidence as proof.
- Medical Examination
The Commission may in its discretion require any person applying to be registered as a teacher, or any registered teacher, to submit to such medical examination by a registered medical practitioner as the Commission may prescribe and may as a result of such examination refuse registration on medical grounds under section 27 (f) of the Act, or cancel such registration.
- Certificate of Registration
(a) A certificate of registration shall be issued to each teacher upon registration in the manner prescribed in the sample provided in Schedule……..of these Regulations;
(b) The person to whom registration has been denied pursuant to section 27 shall be informed in writing of the reasons for refusal within 30 days as provided in Section 25 of the Act;
(c) Notice on Cancellation/Deregistration
The Commission shall notify in the Gazette the name of any teacher whose name has been removed from the register in accordance with section 30 of the Act, and, in the case of any such person or teacher who is subsequently registered by the Commission, the cancellation of such notification.
(d) Issuance of a New Certificate
i) Where a certificate of registration has been lost or destroyed, a new certificate of registration may be obtained on application to the Commission in the manner prescribed and upon payment of a nonrefundable fee determined by the Commission from time to time. ii) Where there is any change in any of the particulars to be entered in a certificate of registration, such certificate shall be cancelled by the Commission and upon payment of a non-refundable fee determined by the Commission from time to time, a new certificate issued in its place.
- Particulars for Inclusion in the Register
(a) The following particulars of a registered teacher shall be included in the Register:-
(i) Full name, address, email and telephone contact
(ii) Identity card/Passport number;
(iii) PIN number
(iv) Date of birth;
(viii) Teaching subjects (ix) Registration number.
(b) Official Name of the Teacher
(i) The official name of a registered teacher for the purpose of these Regulations shall be the names entered in the certificate of Educational or Professional qualifications
(ii) Where the name of a teacher is or has been changed as a result of marriage or legal declaration, the official name in which such teacher is registered shall be entered or changed accordingly, upon payment of a non-refundable fee determined by the Commission from time to time.
(iii) Before making or changing any entry in the register as a result of marriage in accordance with paragraph (b) above, the Commission may require the teacher to submit a certified copy of the relevant marriage documents.
- Removal from the Register of Teachers In accordance with the Section 30 of the Act the Commission may, after enquiry, cause to be removed from the register the name of any person it deems unsuitable.
- Application for Admission or Re-admission into the Register
(a) Where the Commission refuses to register a person as a teacher on any of the grounds specified in section 27, 30 & 31 of the Act, or determines that the name of a registered teacher be removed from the register on such grounds, and any appeal against such refusal or such determination is withdrawn or dismissed, such person, or such teacher, is precluded from applying for registration within a period of eighteen months from the date of such refusal, such determination, such withdrawal, or such dismissal, whichever is the latest.
(b) Subject to paragraph (1) above, if the name of any teacher has been removed from the register, or a person is refused registration, the Commission may, either of its own motion or on the application of the concerned teacher made in the prescribed manner, and in either case after holding such inquiry as the Commission thinks fit, direct that —
(i) the removal of such teacher’s name from the register be confirmed; or (ii) the name of the teacher be restored in the register; (iii) Such a person be registered or not.
- Registration Fee
(a) A non-refundable fee prescribed by the Commission from time to time shall be paid on application for registration;
(b) The Commission may at its own discretion review the fee payable from time to time.
(a) Any person who: –
(i) Procures or attempts to procure the entry of any name on the Register by wilfully making or producing or causing to be made or produced, either orally or in writing, any declaration, certificate or representation which he/she knows to be false or fraudulent;
(ii) Falsely or fraudulently holds himself/herself out to be a registered teacher;
(iii) Not being a registered teacher, or a person exempted under any written law, teaches or assists in teaching in any school;
(iv) Suffers or permits or employs to teach in any school a person not being a registered teacher or a person exempted by any written law
(v) applies for employment as a teacher in any name other than the full name as entered in the register, Shall be guilty of an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months, or to both.
(b) Any person: –
(i) who defaces, amends or erases any entry in a Certificate of Registration;
(ii) whose name has been removed from the Register in accordance with Section 30 of the Act and has not subsequently been entered in the register and who is in possession of, or uses for any purpose a Certificate of Registration; or
(iii) Not being the person whose full name, address and registration number appears in a Certificate of Registration, uses such certificate for any purpose, Shall be guilty of an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months, or to both.
- Correspondence In all correspondence with the Commission, the full name, national identification number and where applicable, the TSC registration number must be quoted.
REVIEW AND MAINTENANCE OF TEACHING STANDARDS
This chapter spells out the process of reviewing the standards of education and training for persons entering the teaching service, in accordance to Article 237 (3) (a) of the Constitution (2010) and Sections 11 (c), (e) (f) and 35(1)of the TSC Act No. 20 of 2012. The chapter outlines, the procedures and requirements for quality assessment standards in public educational institutions, the procedures and requirements for continuous professional teacher development and process and rationale for performance management.
Also explained are offences related to teaching standards and action to be taken in the event of non compliance to the regulations stipulated herein.
a. Review of Teaching Standards
In the exercise of its powers under the Act and these regulations the Commission shall:
(a) From time to time review, develop and issue guidelines on the qualification of persons entering the teaching service and share the same with the Commission for University Education and teacher training institutions.
(b) Develop standards for the purpose of administering teacher career progression and continuous professional development programmes as determined by market dynamics;
(c) Establish collaborative linkages with relevant agencies on matters related to quality teaching;
(d) Undertake teacher training needs assessments and develop the requisite capacity building programmes.
(e) Partner with the institutions responsible for designing teacher education curriculum and provide appropriate guidance and support as the case may necessitate;
(f) Undertake any other activities aimed at promoting teaching standards.
b. Standards Assessments
(a) Appointment of Quality Assurance and Standards Officers
The Commission shall for the purposes of these Regulations appoint quality assurance and standards officers and may also identify, appoint and empower practising teachers or head teachers who excel in their area of specialization, to undertake peer standards assessments for the efficient and effective discharge of the functions of maintenance of teaching standards conferred upon it by the Act.
(b) Powers of Quality Assurance and Standards Officers
The Officers so appointed in 2 (a) under this regulation shall be vested with powers to enter any educational institutions with or without notice to ensure teaching standards are complied with. In the exercise of the powers conferred under these regulations and the Act, the officers may:
(i) Summon a person who can furnish information or material concerning a matter for standards assessment.
(ii) Cross examine any person referred to in (a);
(iii) Require from a teacher the production of the relevant teaching documents and materials(schemes of work, lesson plans, records of work, learners’ progress records and any other administrative records or documents)
(iv) Carry out standard assessment and discuss the findings with the teacher(s) concerned for purposes of corrective action and continuous improvement.
(v) Examine and record any teaching material or document that will assist in compiling a report for purposes of preventive and corrective action.
(vi) Compile reports in respect of the standards assessment carried out and submit the same to the Commission for appropriate action.
(vii) The QAS officer shall validate other reports from relevant agencies before the Commission takes appropriate action in the event that he/she is convinced of any breach of the regulations related to quality standards in the teaching service
c. Obligations of the Teacher in Compliance with Teaching Standards
A teacher shall be required to comply with the provisions of the Constitution on Values and Principles of Public Service, Leadership and Integrity as well as uphold the fundamental rights of children as provided for in the Bill of Rights and/or any other relevant laws in operation. In addition, teachers are required to comply with the provisions of this Code and any other instructions as may be directed by the Commission or any other person under whose supervision he/she is placed by the Commission.
(a) Teachers are required to perform teaching, administrative and supervisory duties in the teaching service, including any other related assignment to promote education.
Specifically a teacher is required to:
(i) Prepare adequately and attend classes to teach assigned lessons;
(ii) Use all relevant professional documents that shall include but not limited to syllabi for the relevant cycle of education, schemes of work, lesson plans, learners’ progress records and records of work.
(iii) Use the appropriate teaching and learning resources
(iv) Display decorum of the teaching profession and be role models to the learners. (v) Prepare, update and make use of prescribed professional documents; (vi) Complete the prescribed syllabi adequately and in time. (vii) Set realistic performance targets for every subject area; (viii) Administer and mark assignments at the end of every topic.
(ix) Set and administer standardized assessment tests and exams at all levels; (x) Mark and revise administered tests using moderated marking schemes.
(xi) Offer remedial lessons as appropriate.
(xii) Participate in in-service or orientation programmes on curriculum interpretation and implementation as may be required from to time.
(xiii) Effectively perform any other assigned duties.
(b) In addition a head of institutions shall:
(i) Ensure accessibility of all the relevant legal documents, syllabi, circulars, registers and professional documents required in an institution.
(ii) Submit relevant returns as required from time to time and in the prescribed formats.
(iii) Ensure prudent management of finances and other institutional resources
(iv) Ensure adequate learning resources are available.
(v) Ensure quality assurance systems are established and implemented vi) Put in place mechanisms for monitoring and evaluation of curriculum implementation. vii) Provide for effective regulations and structures to govern the conduct of learners.
d. Professional Teacher Development Programmes
(a) The Commission is vested with the responsibility of facilitating teachers’ career progression and continuous professional development in accordance with Section 35(2) (a) & (b) of TSC Act 2012 and the Government policy framework as contained in the Sessional Paper No. 14 of 2012. Pursuant to these provisions, all teachers are expected to undertake professional development courses as prescribed by the Commission from time to time. Career progression and growth is the responsibility of each individual teacher.
The Commission shall, develop and review standards relating to:-
(i) Persons entering the teaching service
(ii) Teacher competencies
(b) Teaching Certificate
(i) A teaching certificate shall be issued to newly qualified teachers upon registration as a teacher as per the provisions of Regulations in Chapter this Code.
(ii) The teaching certificate shall be valid for three (3) years renewable on successful completion of a teacher professional development course as prescribed by the Commission.
(iii) No person shall engage in the teaching service unless such person has been issued with a valid teaching certificate.
(c) Conditions for Issuance of a Teaching Certificate
(i) One must be a registered teacher.
(ii) Payment of an application fee prescribed by the Commission from time to time.
(iii) Renewal of the teaching certificate shall be dependent on successful completion of the prescribed Teacher Professional Development course.
(iv) Where a certificate ceases to be in force the certificate shall be declared invalid within thirty days from the date of expiry;
(v) Where the name of a person registered as a teacher is removed from the register, the certificate of that person shall be cancelled forthwith.
(vi) Upon reinstatement into the register the teaching certificate shall be reissued.
(d) Application for a Teaching Certificate
(i) An application for a certificate under this regulation shall be made to the Commission in the prescribed manner.
(ii) Every application under this regulation shall be accompanied by evidence of continuous professional development courses as prescribed in the guidelines issued from time to time.
(iii) Every certificate shall bear the date on which it is issued and be effective from that date and shall expire at the end of three (3) years or such period as may be prescribed from time to time, unless its holder ceases to be a registered teacher under this regulation;
(iv) Non-Kenyan citizens, on exchange programmes or other bilateral arrangements shall be issued with a non-renewable temporary teaching certificate upon satisfying the Commission that they meet the minimum requirements to teach in Kenya.
The following will constitute offences under this section. A person who:-
(i) Is employed to perform the duties of a teacher or assists in teaching in any educational institution without a teaching certificate.
(ii) Procures or attempts to procure a teaching certificate by wilfully making or producing or causing to be made or produced, either orally or in writing, any declaration, certificate or representation which he/she knows to be false or fraudulent;
(iii) Falsely or fraudulently holds himself/herself out to be a certified teacher;
(iv) Permits or employs to teach in any school a person not being a certified teacher
(v) Applies for employment as a teacher in any name other than the full name as entered in the teaching certificate;
Such a person shall be guilty of a professional offence.
Penalties for such offences may include but not limited to the following:
(i) Denial of annual incremental credit;
(ii) Denial of promotion when due;
(iii) Forfeiting opportunities for appointment to administrative positions; (iv) Any other disciplinary measures as may be deemed necessary.
Provided that the Commission may recommend to the Cabinet Secretary responsible for Education to take appropriate action against the management of any institution found engaging such a teacher.
e. Monitoring Conduct and Performance of Teachers
The mandate of the Commission to monitor the conduct and the performance of teachers in teaching service is provided for in section 11 (f) of the Teachers Service Commission Act, No. 20 of 2012. The Commission shall decentralize this function to the county and institutional levels. The officers at these levels shall be required to regularly submit reports to inform decision making.
(a) The County Level
The TSC County Directors shall monitor the conduct and performance of teachers within their respective counties. This shall be informed by the provisions of this Code, the Hand Book on Decentralized Teacher Management Functions, existing TSC circulars and guidelines on teacher management, and any other relevant legal document governing the conduct of teachers.
(b) Institutional level: Heads/ Deputy heads of institutions shall ensure teachers (i) Prepare, update and make use of prescribed professional documents; (ii) Cover the prescribed syllabi adequately and in time.
(iii) Put in place mechanisms to effectively monitor class attendance by all teachers and learners
(iv) Comply with the prescribed dress code so as to act as role models to learners; (v) Effectively implement all co-curricula programmes.
(vi) Effectively perform any other assigned duties.
(c) Institutional level: Registrars, Deans, HODs, Senior teachers/Subject heads shall ensure teachers
(i) Prepare, update and make use of prescribed professional documents; (ii) Complete the prescribed syllabi adequately and in time.
(iii) Prepare adequately and attend lessons assigned;
(iv) Set realistic performance targets for every subject area (v) Complete the prescribed syllabi adequately and in time.
(vi) Use the approved learning resources in conducting their lessons; (vii) Administer and mark assignments at the end of every topic.
(viii) Set and administer standardized assessment tests and exams at all levels; (ix) Mark and revise administered tests using moderated marking schemes.
(x) Offer remedial lessons as appropriate.
(xi) Effectively perform any other assigned duties.
f. Performance Appraisal
The Commission shall use an open Appraisal System for teachers with the aim of improving performance at the institutional level. In this regard the Commission shall, from time to time develop and review criteria, guidelines and tools for performance appraisal, which shall be accessible in the TSC website. The Performance Appraisal Reports will be used to identify performance gaps, training needs, recognition and taking corrective measures and sanctions in cases of unsatisfactory performance.
(a) The TSC County Directors shall supervise the performance appraisal process for the teachers at the counties;
(b) The TSC County Directors and Heads of educational institutions shall establish Performance Appraisal Committees to moderate annual appraisal reports from the teachers and submitting analysed summaries to the Commission;
(c) Heads of institutions shall be required to submit Staff Appraisal Reports on each teacher in the school at least once a year in the manner prescribed as follows:
(i) Teachers in primary educational institutions to be appraised by the senior teacher or deputy head teacher and reports counter signed by the head teacher;
(ii) Senior teachers in primary educational institutions to be appraised by the deputy head teacher and reports counter signed by the head teacher;
(iii) Deputy head-teachers in primary educational institutions to be appraised by the head teacher and reports counter signed by the TSC County Director or an officer designated by him/her.
(iv) Head teachers in primary educational institutions to be appraised by the TSC sub-county or an officer designated by him/her and reports counter signed by the TSC County Director
(v) Teachers/tutors/lecturers in post-primary institutions to be appraised by the Head of Department/ and reports counter signed by the Deputy Principals/ Deans;
(vi) The Head of Department in post-primary institutions to be appraised by Deputy Principal/Deans/Registrars and reports counter signed by the Principal;
(vii) The deputy Principal, Deans and Registrars in post-primary institutions to be appraised by the Principal and reports counter signed by the TSC County Director or an officer designated by him/her.
(viii) The Principals in post primary institutions to be appraised by the Deputy TSC County Director and reports counter signed by the TSC County Director;
(d) Appraisals at the educational institutions shall be done quarterly/ at the end of every term;
(e) In all cases the Head teacher/Appraiser/Agent concerned must make and discuss the contents of the report with the appraisee. All the reports must be signed by both the Appraiser and Appraisee to confirm concurrence. If the report is adverse the appraisee should be counselled accordingly;
(f) In all cases the appraisal reports shall be submitted to the TSC County Director who shall constitute a committee to analyze and where necessary moderate before preparation of summary reports for the county in the prescribed manner;
(g) At the end of the academic year Annual Appraisal Reports should be received by the County Director as follows:
(i) Primary, Secondary, Diploma colleges and Technical Institutes not later than the 31st January of the subsequent year, and summary reports submitted to TSC HQs by 31st March of the same year.
(ii) Primary Teacher Training Colleges to submit reports by 30th September every year and summary reports submitted to TSC HQs by 30th November of the same year.
(iii) In addition:
(i) The County Director shall also submit such other reports related to performance of teachers as the Commission may require from time to time;
(ii) The Head teacher may submit a report on a teacher to the Commission, through the County Director if he/she finds it necessary in the course of the year.
- Arbitration and Moderation Procedures
In the event of non concurrence between the appraiser and appraisee, and where the designated counter signing officer has failed to arbitrate, the matter shall be escalated to the next level as may be provided in the guidelines from time to time.
1. A teacher who: –
(i) Fails to complete and submit an Appraisal report to his/her supervisor at the
RECRUITMENT, ASSIGNMENT, APPOINTMENT, DEPLOYMENT, AND
OTHER CONDITIONS OF SERVICE FOR TEACHERS
This chapter deals with conditions of engagement, assignment of duty and other conditions of service. The Commission is mandated by Article 237 (b), (c) and (d) of the Constitution of Kenya, 2010, to perform these functions. In carrying out these functions, the Commission aims at maintaining adequate and qualified teaching service for public schools and institutions. These functions shall be conducted in accordance with the provisions of the Constitution of Kenya, 2010, with regard to Values and Principles of Public Service, Leadership and Integrity and the Bill of Rights in a bid to enhance integrity, national unity, integration and cohesion. The process aims at achieving equity in the distribution and optimal utilization of teachers and to provide qualified and competent administrators for all public educational institutions as per the existing staffing norms.
- Teacher Recruitment
a) The Commission, in accordance with Article 237(2) (b) of the Constitution, shall only recruit and employ trained registered teachers. A condition of such employment shall be the teacher’s readiness to serve anywhere in Kenya, in any public school or educational institution in which the Commission considers his/her services are required. Such a teacher may be appointed to a grade consistent with his/her qualifications as per the existing schemes of service.
b) The Commission shall recruit teachers on demand driven basis, under a decentralized system as shall be determined by budgetary provisions and the existing establishments. Such vacancies shall be advertised from time to time.
c) Teacher recruitment shall be conducted as per established recruitment guidelines in operation.
(i). Application for Employment.
(a) Only registered teachers are eligible to apply. They must provide all the information and details required on the application form.
(b) The selection process shall be competitive and successful candidates shall complete the application forms in accordance with the merit list.
(c) An application for employment to be submitted to the Commission online in the application form as specified in Schedule……..
- Categories of Appointment.
(a) The Commission, upon receipt of applications, may interview the applicants and determine whether to offer them employment. Successful applicants shall be appointed to grades consistent with their respective qualifications as per the existing schemes of service.
(b) All teachers employed by the Commission will be issued with an offer of employment on Permanent and Pensionable, Temporary or Contract terms which shall constitute an agreement made and binding between the teacher and the Commission.
(c) Permanent and Pensionable Appointment:- A teacher shall qualify to be employed on Permanent and Pensionable terms only if he/she is:
(i) A Kenya citizen;
(ii) A trained and registered teacher, in accordance with Article 237(2)(b) of the Constitution, the TSC Act, and Regulation……. of this Code; (iii) 50 years of age or below; `
(d) Temporary Appointment:- A Temporary Appointment does not qualify a teacher for a pension and will be given to teachers in the following categories:-
i. Untrained teachers who are qualified in specialized subjects and are Kenya citizens provided they shall train as professional teachers within three(3) years upon such engagements;
ii. Trained and registered non-citizen teachers;
iii. Any retired teacher who may be re-employed by the Commission; iv. Any registered teacher who is a Kenyan citizen and is recruited and appointed by the Commission and is above the age of 50 years.
- Relief Teachers A trained and registered teacher may be employed for a specified period, as a relief teacher. Such a teacher shall receive a service gratuity not exceeding 31 per cent of his/her basic salary at the end of the contract. A contract of a relief teacher may be extended or renewed at the discretion of the Commission
- The Determination of Date of Appointment.
(a) An appointment made by the Commission shall take effect from the date the teacher reports for duty as confirmed in writing by the Head of institution provided it shall not be earlier than the date specified in the Letter of Offer of Employment. Such offer of employment shall only be valid if taken up within thirty (30) days from the date of offer.
(b) Upon taking up the offer of employment, the teacher shall be issued with a Letter of Appointment by the Commission as per Schedule…………
(a) Assignment of Teachers to Public Schools/Institutions:
Any teacher employed by the Commission shall be assigned for service in any public school or institution in Kenya in which the Commission considers him/her qualified to teach and in accordance with Article 237(2) (c) of the Constitution, the TSC Act 2012, and this Code.
(b) A teacher shall be required to participate in the implementation of the academic and co-curricular activities in an educational institution; and carry out any other relevant duties assigned to him/her as part of the normal school/institution routine including supervision and management of learners in boarding facilities.
(c) A teacher who is assigned by the Commission for service in a public school/institution shall be answerable to:-
(i) The head of institution or any other authorised officer for the day-to-day assignment of duties and supervision.
(ii) In the case of a head of institution, he/she shall be answerable to the TSC County Director and to the Board of Management of the institution in his/her day to day administration of the institution.
- Period of Probation (i) When Probation is Required
i) A teacher appointed to service of the Commission on permanent and pensionable terms shall serve on probation under the guidance of the head of the institution for a period of at least six months.
ii) The head of institution shall submit to the Commission the teacher’s performance evaluation report at the end of the probation period. The report shall be submitted as prescribed in Schedule………..
iii) At the end of the period of probation, the Commission may confirm the appointment, or extend the period of probation for a further six (6) months. Where the period of probation is so extended the Commission shall inform the teacher of his/her shortcoming(s); and the head of institution shall be required to guide the teacher.
iv) On completion of such further period of probation, the Commission may confirm or terminate the appointment.
(ii) When Probation is not Required
i) A teacher serving on temporary terms shall not be subject to probation.
ii) On Transfer of Service: A trained and registered teacher who transfers service from the Public Service to the Teaching Service while on Permanent and Pensionable appointment shall not be subject to probation.
(iii) Certificate of Confirmation to Permanent and Pensionable Terms of Service
Upon confirmation to permanent and pensionable terms of service, a teacher will be issued with a Certificate of Confirmation.
- Transfer of Teachers
(i) The Commission will undertake transfer of teachers for purposes of equitable distribution and optimal utilization.
(ii) A teacher who wishes to transfer from one institution to another shall make a formal application, through the head of institution, to the Commission for consideration. The Commission has the discretion to grant the transfer request or not.
(iii) The Commission has the discretion to initiate a transfer.
(a) Application for Transfer
A teacher who, subject to the conditions in Sub- Regulation 2 of this Regulation, wishes to be considered for transfer by the Commission from one station to another shall make his/her application to the Commission in a prescribed Schedule………….
(b) Period of Service before Transfer
i) A teacher is eligible for consideration for transfer after serving in a station for a period of not less than five (5) years.
ii) The Commission may however consider a transfer of a teacher regardless of the stipulated period on medical grounds, as certified by a registered medical practitioner, or under special circumstances as shall be determined by the Commission.
(c) Approval of Transfer
i) The Appointment, Selection and Assignment Committee(ASAC) chaired by the County Director shall consider and approve Intra – County transfer requests as stipulated in the transfer guidelines;
ii) Inter – County transfers shall be approved at the Headquarters by the
Appointment Board; iii) A teacher shall be transferred subject to availability of vacancy and a suitable replacement;
iv) A teacher shall move from one station to another on transfer upon receipt of a transfer letter from the Commission and a formal release from the head of the
v) The head of Institution is required to release a teacher on transfer within reasonable time and not later than thirty (30) days from the date of transfer;
(d) Release and Reporting upon Transfer
i) A teacher who fails to proceed on transfer, or leaves his/her station without formal release by the head of Institution shall be subject to disciplinary action as per the provisions of this Code.
ii) A head of Institution who fails to forward the transfer letter to a teacher and/or fails to release such a teacher to proceed on transfer shall be subject to disciplinary action as per this Code.
- Posting of Teachers
i) The Commission shall post teachers reporting from study leave, release, disciplinary process and prolonged sick leave to Institutions where vacancies exist.
ii) Teachers from study leave who fail to take up postings within the stipulated time will be subject to appropriate disciplinary action.
iii) Teachers who fail to take up posting after undergoing a disciplinary process shall be liable to summary dismissal.
APPOINTMENT OF INSTITUTIONAL ADMINISTRATORS
Appointment of institutional administrators seeks to provide competent managers for all educational institutions. Such administrators shall be identified through a competitive process, but does not lead to promotion to the next grade.
Administration of Institutions
The administrative team responsible for the management of schools shall include, and not limited to, any teacher substantively appointed or appointed in an acting capacity in any of the following:-
(i) Head of institution
(ii) Deputy Head of institution
(iv) Dean of Students
(v) Dean of Curriculum
(vi) Head of Department
(vii) Senior Teacher
(viii) Head of Subject
(ix) Professional Development Officers (Former TAC, DICECE and EARCs)
(a) Identification and Appointment Criteria
i) The process of identification and appointment of institutional administrators for both Primary and Post Primary institutions shall be done through competitive selection process as per existing policy guidelines and in line with Schemes of Service in operation.
ii) A teacher who has had a discipline case and has been found guilty shall not be considered for appointment to a position of responsibility until he/she has completed one year teaching service after resumption of duty.
(b) Assignment of Duty
The identified administrators may be assigned duties as follows:-
i) Appointed to a higher position of responsibility and retained in the station; ii) Appointed to a higher position of responsibility and transferred to another station.
(c) A teacher who fails to take up the appointment as stipulated in Regulation…………above shall be deemed to have forfeited the deployment;
(d) A teacher in an administrative position, who wishes to transfer to a station where an equivalent vacancy does not exist, may be required to relinquish the position.
(e) A head of institution on transfer is required to hand over the institution to the incoming administrator under the supervision of the TSC County Director or its representative and the representative of the Board of Management;
(f) A head of institution on transfer shall be required to comply with the handing over and taking over instructions and in accordance with the Financial and Accounting Instructions for Educational Institutions, Part B, Appendix 21;
(g) A teacher/head of institution that canvasses for a posting/transfer/deployment shall be in serious breach of this Regulation and shall be liable to appropriate disciplinary action as per this Code.
- Termination of Appointment
A teacher who resigns from public service shall be eligible for pension or gratuity on leaving the service as per the provisions of the Pensions Act and in this Code.
(a) Conditions for Termination
i) Termination of Appointment
An appointment may be terminated by either party, by giving one (1) months’ notice in writing or paying one (1) month’s salary in lieu of notice irrespective of the terms of service.
ii) Termination as a result of Disciplinary Proceedings
A teacher, whose services have been terminated as a result of disciplinary proceedings, shall cease to be an employee from the date of such determination.
iii) Upon Death
A teacher’s appointment shall terminate automatically upon confirmation of his/her death.
(b) Certificate of Service.
A Certificate of Service will be issued for any teacher exiting service.
- Teacher’s Next-of-Kin
The Commission shall require a teacher to complete and submit a “Next-of-Kin” form periodically, as prescribed in Schedule…………………
- Re-employment of Teachers
Teachers who exit service on any grounds may be considered for re-employment. Such teachers may tender their application for re-employment, and may be considered in accordance with the existing recruitment guidelines, and other regulations which may be in force from time to time.
- Other Regulations
(i) Exclusion from the Teaching Timetable
A head of institution has no authority under any circumstances, to exclude a teacher from the institutional teaching timetable unless such action has been authorised in writing by the Commission or its Agents. A head of institution who violates this regulation shall be subject to the disciplinary action as per Section 34 (3) of the Act and the provisions of this Code.
(ii) Participation and Involvement in Politic Activities
A serving teacher who chooses to contest for political post shall be required to resign or retire from service if he/she has attained fifty (50) years of age and above in accordance with these Regulations and any other laws in operation. This regulation shall also apply to teachers released to the Trade Unions.
(iii) Disclosure and Use of Official Information
a) A teacher shall not use any official information gained by, or conveyed to him/her through his/her employment in the Teaching Service, to comment publicly or publish anything, which may be regarded as political in nature or for any purpose other than for the discharge of his/her official duty;
b) A teacher shall be required to sign a declaration under the Official Secrets Act on entering the Service of the Commission and again on leaving it as prescribed in Schedules………….and……………respectively.
c) A teacher, in or out of service, who contravenes this Regulation shall be liable to a suit by the Commission.
(iv) Channels of Communication
(i) All correspondence between the teacher and the Commission shall be addressed to the Secretary, Teachers Service Commission and shall be through the head of institution/ County Director.
(ii) The head of institution is under obligation to forward such correspondence with appropriate remarks to the Commission. Failure to forward such correspondence shall attract a disciplinary action on the part of the head of institution in accordance with the provision of this Code.
(v) Right to Service
(i) All the services offered by the Commission are free of charge and teachers have a right to access such services in the Commission’s offices countrywide. A teacher should not exert undue influence or seek favours from officers of the Commission or any other persons for any service offered by the Commission;
(ii) A teacher who is not satisfied with the services provided by any of the Commission’s officers may seek redress from the County Director or the respective heads of Directorates at the Commission Headquarters.
(iii) In accordance to TSC Code of Conduct and Ethics a teacher shall not receive or keep any fee/reward or gift for the performance of any service for
the school. Such a breach shall attract a disciplinary action in accordance with the provision of this Code.
(iv) A teacher shall not levy or accept any fee for tuition of a learner, regardless of whether the service is given after official working hours.
(v) A teacher shall not use or lend the prestige of his/her position to sanction or endorse his/her private activities or the private activities of any other person.
(vi) Dress Code
Teachers are required to dress in a manner that reflects nobility of the teaching profession and serve as role model to the learners. It is expected that while on duty the teachers should dress decently and neatly in the context of the learners, colleagues and the community.
- Participation in Trade Union Activities
Teachers in administrative position as specified in Regulation……above may take part in activities of a Trade Union provided that such activities do not interfere with the performance of the assigned duties.
- Conduct of Teachers During Industrial Strike
Teachers have a right to fair labour practices such as: – to form, join or participate in the activities and programmes of a Trade Union and to go on strike.
a) During teachers strike, teachers shall be expected to exercise due care to ensure the safety of all the learners and school facilities under their charge.
b) In the event of teachers’ strike, or any other disturbances leading to stoppage of school work, the administrative staff as specified in Regulation…….., shall continue to undertake such duties as are necessary; to ensure the safety and security of school property and to safeguard the welfare of learners.
REMUNERATION OF TEACHERS
SALARIES AND ANNUAL INCREMENTS
This chapter deals with determination of effective date of appointment to a particular grade and assessment of salary on promotion of a teacher to a higher grade. It also sets out the criteria for the grant of annual increments. The Commission awards salary increments to teachers in expectation of improved performance. This is the principle behind progressive salary scales.
(i) On first appointment by the Commission, a teacher will be paid a salary in the scale appropriate to the specific grade that will be determined from time to time;
(ii) A teacher’s initial salary shall normally be at the lowest point in the scale;
(iii) The salary scale appropriate to each grade shall be in accordance with the existing salary structure as approved by the Commission in consultation with Salaries and Remuneration Commission from time to time;
(iv) In the review of salary during the period of a teacher’s service, the teacher’s salary will be adjusted accordingly;
(v) If a teacher were to receive any erroneous payment of any salary, gratuity or allowance, or the grant of any benefit in respect of which the Commission or the teacher incurs a loss, the Commission or the teacher shall be liable to refund the amount of such payment. Where the teacher has been underpaid, the Commission should pay the teacher the amount due. It is immaterial whether an erroneous payment was made under a mistake of fact or law.
ii. Determination of Salary on Promotion/ Upgrading:
a) If a teacher is promoted from one grade to another and salary on the effective date of promotion is less than the minimum of the salary scale attached to the new grade the teacher will receive the minimum of the salary scale attached to the new grade on the effective date of promotion. The incremental date will be the first date of the month of promotion.
b) If on the effective date of appointment /promotion/upgrading the teacher was already within the higher salary scale but had not attained the maximum point of the current salary scale, the teacher shall enter the higher salary scale, at the point next above the current salary on the effective date of the promotion/upgrading. The incremental date will be the following year on the first (1st) date of the month in which a teacher was promoted.
iii. Determination of Annual Increments
An increment is an increase of salary granted on the basis of satisfactory job performance at regular intervals when due until the maximum salary point of the Job Group is reached.
a) Granting of Annual Increments
Annual increments are not automatic. An annual increment will only be granted to a teacher who has discharged his / him duties with efficiency and diligence. Consequently a teacher who has been found guilty of a disciplinary case will not be awarded the annual salary increment in the year of the discipline matter.
b) On Re-Engagement
When a teacher is re-engagement by the Commission after having resigned from the teaching service, or from secondment, release to public institutions, such a teacher shall return to the same point in the salary scale which he/she was on when he/she left teaching service unless there has been a salary revision during their absence or the teacher had been promoted to a higher grade by the Commission.
- Payment of Salary and Allowances
(i) Salaries and allowances are payable monthly in arrears through Electronic Funds Transfer (EFT) to bank accounts provided by the teacher;
(ii) A teacher is required to submit bank details of where the salary will be channelled. A copy of the Bank card and national identity card should be attached to the form. The bank form should be duly signed and forwarded by the Head of Institution or the County Director;
(iii) A teacher who fails to submit bank account details will not be paid their salary.
- Taxation of Salary and Allowances
(i) Salary and allowances are taxable as per prevailing tax regulations.
(ii) Teachers with disabilities are exempted from taxation on submission of assessment reports from the National Council of People with Disabilities (NCPWD) and a tax exemption certificate from Kenya Revenue Authority (KRA). The exemption is valid for three (3) years but renewable.
(iii) It is the responsibility of the teachers with Disability to follow tax exemption with the Kenya Revenue Authority.
- Pecuniary Embarrassment
(i) Pecuniary embarrassment from whatever cause impairs the efficiency of a teacher and shall be regarded as an offence affecting the respectability of the service and trustworthiness of a teacher.
(ii) A teacher who commits more than two-thirds(2/3) of the basic salary, or is declared bankrupt/ or proceedings of bankruptcy are taken against him/ her, or becomes a judgement debtor shall be in breach of the Values and Principles of Public Service, the TSC Act, the TSC Code of Conduct and Ethics and this Code.
(iii) A teacher who is in breach of this Regulation shall be subject to disciplinary action in accordance with the provision of this Code.
PROMOTION OF TEACHERS
This chapter spells out the details for promotion of teachers employed by the Commission. The Commission shall, pursuant to Article 237 (2) (d) of the Constitution, be responsible for the promotion of teachers in its employment. Promotion of teachers entails the progressive upgrading of a teacher from a lower grade to a higher one based on existing schemes of service, available vacancies and budgetary provisions.
Categories of Promotion:
(i) Common Establishment Promotion
Promotion of teachers under the Common Cadre establishment provides for progressive upgrading from a lower job group up to a determined higher limit, based on satisfactory performance, without being subjected to a formal interview. This promotions are effective from the date teacher qualifies.
(ii) Promotion through competitive selection: This category of promotion entails progressive upgrading from a lower job group to a higher rank through a competitive selection process.
The Commission shall review the Schemes of Service from time to time to provide for specific requirements for each category of promotion.
- Application for Promotion
A teacher who wishes to be considered for competitive promotion may apply by completing the relevant prescribed forms.
- Conditions for Promotion
a) In selecting teachers for promotion regard will be given to:-
(i) Merit and ability as reflected in work performance and result; (ii) Seniority and experience.
(iii) Academic qualification as may be prescribed from time to time; and (iv) Any other attributes relevant to the teaching service.
- Conditions for Promotion
b) A teacher who has had a discipline case and has been found guilty shall not be considered for promotion until he/she has completed one (1) year teaching service after resumption of duty;
c) A teacher who has been re-employed by the Commission must complete at least three (3) years before he/she can be considered for promotion;
d) A teacher who is on study leave, secondment or released may be promoted to a higher grade upon successful interview or as prescribed in the Schemes of Service. Such a teacher shall only qualify for promotion once. The effective date of promotion shall be determined by the Commission.
This chapter contains all the allowances which may be granted to teachers in specified circumstances. While it may be considered that the salary attached to a grade represents appropriate remuneration to the teacher for proper and efficient performance of day-to-day duties, there are circumstances in which additional payments are warranted.
Such additional payments include remunerative allowance which is an award granted to a teacher in addition to salary to meet some of their basic needs or for additional responsibilities. Reimbursable allowance is paid when a teacher has incurred expenditure in the course of duty and makes a claim. Both remunerative and reimbursable allowances are non- pensionable except responsibility allowance.
- Remunerative Allowances a) House Allowance
(i) A teacher employed by the Commission is entitled to payment of Automatic House Allowance at a rate determined by the Commission from time to time;
(ii) A teacher on interdiction at half salary shall be entitled to Automatic House Allowance at full rate until his/her case is determined.
b) Commuter Allowance
(i) A teacher employed by the Commission is entitled to payment of Automatic Commuter Allowance at a rate to be determined by the Commission from time to time.
(ii) A teacher under interdiction and /or suspension will not be entitled to payment of Commuter Allowance
c) Hardship Allowance
A teacher, who is assigned by the Commission to teach in a school in designated and gazetted hardship area, shall be paid a Hardship Allowance at rates determined by Commission from time to time.
d) Acting Allowance
(i) Acting Appointment is done where it is absolutely necessary to appoint a teacher in an acting capacity, such an appointment shall not be less than thirty (30) days or exceed a term of six (6) months.
(ii) Acting Allowance shall be payable to a teacher whose Acting Appointment has been made and approved by the Commission to hold and act in a higher post for at least thirty(30) days at rates that shall be determined by the Commission from time to time.
e) Special Duty Allowance
(i) Special Duty Allowance shall be payable to teachers who are appointed to perform Higher or administrative duties which are not commensurate with their grades.
(ii) The rate of payment of the allowance shall be determined by the Commission from time to time.
f) Responsibility Allowance
(i) Responsibility Allowance is payable to teachers who are performing administrative duties from Job Group ‘K’ and below;
(ii) A teacher under interdiction and /or suspension will not be entitled to payment of Responsibility allowance
(iii) Responsibility Allowance is pensionable only if a teacher is in receipt of the allowance on the day immediately before retirement.
(iv) The allowance ceases once a teacher is no longer performing administrative duties;
(v) The rates of payment of Responsibility allowance shall be determined by the Commission from time to time.
g) Special School Allowance
(i) Special School Allowance is payable to teachers with skills in special education and are deployed in Special schools/Units.
(ii) Special School Allowance is payable at a rate that shall be determined by the Commission from time to time
h) Reader’s/ Facilitation/ Aid Allowance
(i) A teacher who is blind, the deaf/dumb and with physical disabilities (and are on wheel chairs) shall be paid an Allowance to enable them hire assistants/aids;
(ii) The rates of payment of the allowances shall be determined by the Commission from time to time;
(iii) A teacher who claims and receives this allowance and does not use it for the intended purpose shall be in breach of this regulation;
(iv) Head teachers in institutions where teachers who are blind, deaf / dumb andwith physical disabilities (and are on wheel chairs) are posted will be required to confirm to the Commission that the teachers have an assistant / aid.
- Reimbursable Allowances
a) Transfer Allowance
This allowance is paid to a teacher on transfer from one sub – county to another provided the teacher has not initiated the transfer.
b) Travelling Expenses
The Commission shall reimburse travelling expenses at Government rates, including the travelling of a spouse and up to four unmarried children who are dependent on the teacher up to their 22nd birthday, plus the cost of transporting the personal effects that such members of the teachers’ family incurred in travelling.The teacher is eligible for reimbursement only in the following circumstances:-
(i) On first appointment from the teacher’s home area or place where one is engaged to the school to take up the new appointment provided the posting is to a Sub- County other than the teacher’s home sub County;
(ii) A teacher stationed in a hardship area, and hails from outside the hardship area shall be entitled to reimbursement of travelling expenses incurred in travelling to and from the teacher’s home or the place of recruitment three(3) times every financial year;
(iii) On termination of appointment when initiated by the Commission, from the school to the teacher’s home area where the school and home area are not in the same County;
(iv) When invited for an interview by the Commission except on disciplinary matters;
(v) When a teacher is found not guilty after a discipline process;
(vi) On retirement from service provided the teacher was working away from the teacher’s home County.
Mode of Transport
All travelling under paragraph a (i- vi) shall be undertaken by rail or by bus or both. If however, such transport is by rail or road is not available, the teacher must seek permission from the Commission to use any other means of transport.
Transport of Luggage
(i) A teacher who travels under paragraph a (i- vi) shall be permitted to carry (in addition to the free ticket allowance) personal luggage.
(ii) The rates of payment for ferrying personal luggage will be determined by the Commission from time to time.
Transport of Luggage by Private Transport
(i) A teacher who is entitled to luggage allowance in terms of the above regulation, may be permitted to make use of institutional transport or in its absence hire private transport for conveyance of his/her luggage.
(ii) In the event of hiring private transport, the teacher must seek prior permission from the County Director who shall certify by endorsing the claim forms that the hiring was justified and economical. The County Director must also certify that school/institutional transport was not available.
(iii) The rates of payment will determined by the Commission from time to time
Travelling on Official Duty using Personal Motor Vehicle
(i) A teacher who travels on official duty using a personal vehicle shall apply for reimbursement of motor vehicle travelling allowance which shall be payable at rates to be determined by the Commission from time to time.
(ii) A teacher travelling on official duty in areas designated as hardship shall be paid an extra mileage allowance at rates to be determined by the Commission from time to time.
(iii) The use of a personal vehicle for official duty must be approved by the Commission prior to the commencement of the travel.
Claim for Reimbursement
Any teacher who travels/ferries luggage in accordance with the provisions of this regulation shall apply to the Commission through the County Director for reimbursement of the expenses and must attach the necessary supporting documents. Such a claim shall be made within thirty (30) days from the date of travel.
c) Maintenance Allowance for a Teacher Attending a Course or Training outside Kenya
(i) A teacher, who is required to attend a short or long course/seminar or workshop outside the Country (Kenya), shall be eligible for payment of maintenance allowance at the prevailing Government rates. Thereafter, the teacher will be expected to meet his/her basic and other living expenses from maintenance allowance awarded under the terms of the scholarship;
(ii) A teacher who is selected and sponsored by the Commission or the Government to attend a course of study for a period exceeding thirty (30) days and approved by the
Commission, shall be entitled to eighty per cent (80%) of his/her basic salary
payable from the date of the teacher’s departure to start studies to the day immediately before the day the teacher resumes teaching on completion of the course. In some special circumstances the Commission may consider one hundred (100%) salary award for those proceeding on study leave.
(iii) Such an allowance shall only be payable to teachers who have been identified by the Commission to attend the seminar/ workshop or course.
(iv) A teacher shall apply to the Commission for this allowance on the form prescribed and should attach relevant documents authorizing and approving the course.
The medical benefits provided by the Commission to teachers are intended to assist a teacher and their family in times of illness. A teacher employed by the Commission shall be eligible for Medical benefits as determined by the Government from time to time.
- National Hospital Insurance Fund (NHIF) a) Rates of Contribution
(i) National Hospital Insurance Fund contribution shall be in accordance with National Hospital Insurance Act, Cap 255, and the rates of contribution shall be set by NHIF from time to time. This contribution shall be recovered monthly by the Commission from a teacher’s salary and paid to the fund; b) Benefits
Benefits accrued from the fund that teachers will be eligible to shall be determined by NHIF from time to time.
c) Reimbursement Rates
Reimbursement rates shall be as determined by NHIF from time to time.
d) Approved Hospitals
Approved hospitals for the purposes of the National Hospital Insurance Fund shall be those gazetted for that purpose from time to time. Teachers are advised to confirm that hospitals where they seek treatment are so gazetted if they wish to enjoy the benefits of contributing to the NHIF.
3. Claims for “Ex-Gratia” Assistance for Medical Expenses Incurred
(i) The Commission may consider ex-gratia assistance under exceptional cases for medical expenses incurred by a teacher in excess of the amount allocated to him/her.
(ii) Where a teacher’s financial circumstances, after meeting the expenses, call for financial assistance from the Commission as otherwise it would impose very considerable hardship on him/her;
(iii) Where a teacher, for reasons beyond his/her control, is obliged to obtain treatment from outside the Country and a registered Medical Practioner considers such treatment as necessary, and where the medical allocation is not sufficient, the Commission may consider payment of ex- gratia at the rates that the Commission shall determine from time to time.
(iv) Claims for “ex-gratia” assistance shall be forwarded through the County Director to the Commission for consideration; giving full details of the illness.
This chapter outlines the various types of leave that the Commission grants teachers. It also explains the conditions under which such leaves may be granted.
i. Permission to be Absent from Duty
A teacher who is unable to attend to his/her duties as required, must apply and get permission in writing to be absent from duty. Permission to be absent shall only be given under the conditions prescribed in the following Regulations of this Chapter.
ii. Annual Leave
A teacher shall be entitled to a maximum of thirty (30) days leave with full pay in respect of each calendar year irrespective of the terms and conditions of service.
Application for Annual Leave
(i) Annual leave shall be taken during school holidays and shall not be accumulated to be carried forward from year to year.
(ii) A teacher who has not applied for and has not been granted leave during school holidays will be expected to be on duty.
(iii) A teacher who wishes to take annual leave shall apply in writing to the Head of the Institution who shall approve and keep a record of the approval at the Institution.
(iv) The Head of institution shall apply for his/her annual leave to the TSC County Director for approval.
iii. Sick Leave
A teacher who on account of illness must be absent from duty, shall be required to apply for sick and attach medical documents signed by a Registered Medical Practitioner not later than forty eight(48) hours if he/she attended hospital as an outpatient and not later than seven(7) days if admitted to hospital;
(i) A Head of an institution shall be required to forward a teacher’s sick leave application to the TSC County Director for approval;
(ii) In the event that a teacher is too ill to apply for sick leave, the Head of institution shall inform the TSC County Director in writing within fourteen (14) days from the date of absence.
(iii) A teacher will be expected to apply for sick leave as soon as he/she is in a position to.
(iv) If no application for sick leave is received within thirty (30) days, such a teacher’ s salary will be stopped until his/ her whereabouts is established.
Similarly, a Head of an institution who on account of illness must be absent from duty;
(i) Shall be required to apply for Sick leave attaching medical documents signed by a Registered Medical Practitioner to the TSC County Director, not later than forty eight (48) hours if she/he attended hospital as an outpatient and not later than seven (7) days if admitted to hospital;
(ii) If a Head of institution is too ill to apply for sick leave as per (b) (i) above, the TSC County Director shall communicate the information to the Commission within fourteen (14) days from the date of absence.
(iii) A Head of institution will be expected to apply for sick leave as soon as he/she is in a position to.
(iv) If no application for sick leave is received within thirty (30) days, such a Head’s salary will be stopped until his/ her whereabouts is established.
a) Application for Sick Leave
(i) If a registered Medical Practitioner recommends that on account of illness; a sick teacher be admitted to a hospital for treatment or be off-duty to recuperate or continue to receive medical treatment at home;-
Such a teacher/ Head of Institution shall be required to immediately apply to the TSC County Director for sick-leave to be granted.
Where the leave recommended is in excess of three (3) months, the TSC County Director shall forward the teacher’s application for sick-leave to the Commission.
(ii) Under no circumstances shall sick leave be granted belatedly except by the Secretary, Teachers Service Commission.
(iii) Sick-leave not applied for within the time stipulated as per this Regulation shall be regarded as absence from duty without permission and may lead to disciplinary action being taken against the teacher or/ and such a teacher not being paid for the duration of absence
b) Sick Leave Entitlement
i) A teacher on Permanent and Temporary appointments shall be eligible for sick/convalescence leave as follows:-
Maximum period of three (3) months with full pay; Maximum of Three (3) months on half pay; and thereafter leave without pay until he/she resumes duty;
ii) Relief teachers or any other category of teachers employed on terms and conditions of service determined by the Commission from time to time shall be entitled to sick leave as per the provisions of Section 30 of the Employment Act (2007)
iii) Where a teacher is required to be continuously on sick leave in excess of six (6) months in a calendar year; the Commission may recommend to the Director of Medical Services (DMS) to convene a Medical Board to determine whether or not such a teacher is fit to continue teaching;
iv) Where a teacher is on sick leave for more than six (6) months in a calendar year, such a teacher shall not resume duty before being certified fit by a registered Medical Practitioner. Such a teacher shall report for posting at the Commission in person.
c) Provisions for Granting of Sick Leave
The Commission shall only accept medical recommendation from registered Medical Practitioner granting a teacher off-duty if the recommendation is not made according to the following provisions: –
(i) The Commission shall approve sick leave recommended by a Medical Practitioner to a maximum of two (2) weeks subject to review.
(to provide the approved levels of approval by the various medical staff)
(ii) In the event that a teacher is expected to donate an organ to a patient, such a teacher shall apply for sick leave as per the registered Medical Practitioners’ recommendation.
(iii) It is an offence to submit false medical documents to the Commission.
d) Sick Leave Outside the Country
(i) Where a teacher has been referred to seek medical attention outside the country, the teacher shall be entitled to sick leave as per the recommendations of a registered Medical Practitioner. Such leave shall be with pay as per sick leave entitlements.
(ii) A teacher who seeks medical attention outside the country without being referred by a registered medical practioner within the Country is entitled to leave without pay.
- Maternity Leave a) Duration
A female teacher who is required to be absent from duty on account of confinement shall be eligible for maternity leave with full pay up to a maximum period of ninety (90) calendar days with effect from the date of confinement excluding annual leave. b) Application for Maternity Leave
(i) A teacher shall give the Head of Institution at least three (3) months notification of their intention to proceed on maternity leave. The notification must be accompanied by a registered Medical Practitioner’s letter certifying the date of confinement.
(ii) Maternity leave shall be granted with effect from the date the teacher stops working or the date of confinement whichever is earlier.
(iii) A teacher who proceeds on maternity leave without applying for the same is in breach of this regulations and the Commission shall take disciplinary action against such a teacher.
- Paternity Leave
(i) A male teacher shall be eligible for ten (10) working days paternity leave with full pay within the period of the wife’s confinement. The paternity leave will be granted only once a year.
(ii) A teacher who proceeds on paternity leave without applying for the same is in breach of this regulations and the Commission shall take disciplinary action against such a teacher.
- Study Leave Conditions:
A teacher shall not qualify for study leave with pay unless he/she has worked for the Teachers Service Commission for at least five (5) years from date of first appointment and has a good record of professional conduct.
However, a teacher may be granted study leave without pay if he /she has proof of a scholarship/ sponsorship and provides the Commission with adequate notice on their intention to proceed on study leave.
(i) A teacher shall not qualify for study leave to undertake first degree.
(ii) Any teacher wishing to be considered for scholarship must meet the conditions of the study leave policy and must apply for the scholarship through the Commission;
(iii) A teacher who wishes to study in an area that is not in the schools’ curricula or an area that is not covered by the study leave policy shall be required to resign;
(iv) Teachers who take study leave before completing three (3) years since the last period of such leave irrespective of whether such leave was with or without pay shall be required to resign before taking such leave;
(v) Any teacher appointed or deployed by the Commission to an administrative position who takes study leave for more than six (6) months shall be required to relinquish such a position;
(vi) Granting of study leave shall be dependent on staffing position of the institution at any given time.
(vii) Change of area of study or institution should be notified to the Commission within thirty (30) days from the date of such change failure to which the disciplinary action will be taken against such a teacher.
(viii) A teacher who wishes to change area of study after the Commission has approved study leave will be required to apply to the Commission giving details on the new area of study and must attach relevant documentary evidence. Such a teacher shall not proceed with the new area of study until he/ she get written approval from the Commission. A teacher who fails to adhere to this provision will be in breach of this regulation.
(ix) A teacher who gives false information on study leave shall be disciplined by the Commission.
a) Application for Study Leave
(i) Any teacher who wishes to be granted study leave with or without pay shall be required to apply to the Commission through the Head of institution by completing the application for study leave form;
(ii) A teacher shall not proceed for study or training before the Commission has granted the approval for study leave in writing and before being released by the Head of Institution in writing.
(iii) A teacher who proceeds for study leave before study leave is granted and release is given in writing shall be regarded as having deserted duty.
(iv) A head of Institution who fails to release a teacher to proceed on study leave when the leave has been granted will be liable to disciplinary action.
b) Leave for Research/ Project Work
Teachers who are undertaking studies on part time basis or holiday based mode and wish to undertake research or project work will qualify for three (3) months study leave with pay.
(i) This leave will not be extended and the area of study must be relevant to the area of specialization.
(ii) The leave will be granted only to an area that would have qualified for study leave with pay as per the study leave policy.
c) Reporting for Duty at the End of Study Leave
(i) A teacher granted study leave for a period more than six (6) months shall be required to apply to the Commission for posting at least thirty (30) days before expiry of study leave. A teacher who fails to apply for posting within the stipulated time shall have the salary automatically stopped and the Commission will prefer disciplinary action against such a teacher.
(ii) A teacher who is granted leave for a period less than six (6) months will be expected to report back to their former station on expiry of the leave. A teacher who fails to report to the former station on expiry of this leave shall have the salary automatically stopped and the Commission will prefer disciplinary action against such a teacher.
(iii) A teacher who completes the course earlier than the period granted for such leave is required to report back immediately for posting. Failure to report after the completion will be in breach of this Code.
d) Provision of Progress Reports
A teacher on study leave shall provide progress reports and/or results slip on a termly basis to the Commission. The Commission will prefer appropriate disciplinary action against a teacher who fails to provide progress reports within the stipulated time.
e) Extension or Termination of Study Leave
The Commission shall use its discretion to terminate or extend leave granted to a teacher. In any event, an extension granted irrespective of the period will be without pay.
f) Study Leave with Pay a) Conditions
(i) A teacher on Permanent and Pensionable appointment may be granted study leave with pay by the Commission for the purpose of attending a course of study or training which in the opinion of the Commission is of national interest and relevant to education and the Teaching Service;
(ii) Granting of study leave with pay shall be determined by the demand for the skills in a subject area/ area of specialization irrespective of the authority awarding the scholarship or the institution where studies are to be undertaken;
b) The following categories of teachers will qualify for study leave with pay:-
(i) Teachers who apply through the TSC and are selected for training locally or abroad or other recognised bodies or sponsoring agencies e.g. Ministry of State for Public Service provided they fulfil the conditions of the study leave policy.
(ii) Untrained Graduate Teachers, studying for Post Graduate Diploma in Education (PGDE) in public universities or accredited private universities;
(iii) Untrained Technical Teachers undertaking professional training in pedagogy at the Kenya Technical Teachers College or any other accredited institution;
(iv) Trained Technical Teachers, admitted to National Polytechnics for the Higher National Diploma provided the subject area is in demand in the Teaching Service;
(v) Teachers admitted to Public Universities and other accredited Private Universities to study at Masters Level in areas specified in the Study Leave Policy.
(vi) Teachers on Permanent and Pensionable terms who proceed for further education on private sponsorship or are admitted privately to accredited Private Universities, National Polytechnics or institutes of technology, if studying in areas of great need as specified in the Study Leave Policy.
c) The Commission reserves the right to determine skills requirements for purposes of granting study leave from time to time.
d) A teacher who is granted study leave with pay and is on Government sponsorship for a course of study for a period that exceeds thirty (30) days shall be entitled to eighty per cent (80%) of basic salary payable from the date of departure to undertake the studies to the day immediately before he/she resumes teaching on completion of the course. In special circumstances, the Commission may grant study leave to such a teacher with full pay.
e) Teachers on self-sponsored courses in accredited Universities/Institutions will receive salary at one hundred per cent (100%) while on study leave.
g) Study Leave without Pay
The following categories of teachers shall qualify for study leave without pay.
(i) Teachers on Permanent and Pensionable terms who proceed for further education on private sponsorship or are admitted privately to National Polytechnics or Institutes of Technology, if studying in areas other than those specified in the Study Leave Policy;
(ii) Teachers studying for Masters Degree in areas other than those specified in the Study Leave Policy.
(iii) Teachers studying for Doctorate degrees privately.
- Compassionate Leave
(i) A teacher may be granted leave up to fifteen (15) days in one (1) calendar year on compassionate grounds, which in the opinion of the TSC County Director or Head of Institution warrant such leave;
(ii) A teacher who requires such leave shall make an application for compassionate leave to the Head of institution for approval.
(iii) A Head of institution shall apply for compassionate leave to the TSC County Director for approval.
- Special Leave
(i) The Commission may grant special leave with pay to a teacher who has been selected and appointed to attend a meeting, conference, workshop, study tour, or seminar for a duration less than three (3) month which in the opinion of the Commission is of national/public interest/relevant to education and the Teaching Service. To grant the special leave, the Commission must be involved right from the beginning on the selection/ appointment of the participating teachers.
(ii) The Commission may grant special leave with pay to a teacher who requires leave for religious purposes for durations less than three (3) month which in the opinion of the Commission is in line with established religious traditions.
- Special Leave for Sports Persons
A teacher who is selected to represent Kenya in National, Regional or International fixtures shall be granted Special Leave with full pay for the necessary period of training and subsequent participation in the sport. To grant the special leave, the Commission must be involved right from the beginning on the selection/ appointment of the participating teachers.
- Leave of Absence without Pay
(i) Leave of absence may be granted to a teacher in proven cases of exceptional hardship or compassionate grounds and it shall be without pay. This leave shall be granted at the discretion of the Commission.
(ii) Leave of absence shall not be more three (3) months, but may be extended at the discretion of the Commission.
(iii) Such leave shall be granted once within a calendar year and shall only be granted by the Secretary, TSC.
(iv) Application for unpaid leave shall be made to the Commission through the Head of Institution.
- Leave to Spouses of Diplomats
(i) A spouse of a Diplomat shall qualify for unpaid leave during the period of assignment of duty outside Kenya
(ii) A spouse of a diplomat shall apply for such a leave for the duration of the assignment outside the country
(iii) A spouse of a diplomat shall apply for posting one (1) month before the end of tour.
- Leave Outside Kenya
No teacher shall spend his/her leave outside Kenya without permission by the Commission.
- Public Holidays
(i) The Commission shall observe Public Holidays as stipulated in the Constitution and any other Legislation;
(ii) The Idd-Ul-Fitr holiday will be observed on the 30th day from the date of commencement of Ramadhan or the 1st day of the next month, which will be gazetted by the Government.;
(iii) In addition to the above Public Holidays, the following shall be observed as Public Holidays by teachers as indicated below:-
Idd-ul-Adha: – For teachers belonging to the Islamic faith.
Diwali: – For teachers belonging to the Hindu Faith.
The Teachers Service Commission has a constitutional mandate to exercise disciplinary control over teachers pursuant to Article 237 (2) (e) of the Constitution of Kenya, 2010.
The Commission’s strategic objective is to enhance professionalism and integrity in the teaching service. To ensure that this is achieved the Commission requires teachers to adhere to Regulations in this Code, and the provisions of the TSC Act, TSC Code of Conduct and Ethics, and other legal instruments in force.
This chapter outlines offences for which teachers may be disciplined, the Commission’s discipline procedure, decisions that may be arrived at and the review procedure as provided for in sections 34 46 and the Third Schedule to the Act.
A breach of these Regulations shall attract appropriate disciplinary action in accordance with the provisions of this Code and any other laws in operation.
- Offences that may lead to Disciplinary Action.
The offences for which disciplinary action may be taken against a teacher under this Code are stipulated in the Third Schedule and section 34 (3) of the TSC Act 2012. Such offences may attract penalties ranging from written warning to removal from the register of teachers.
The offences are categorized as follows:-
1.1 Offences that may lead to removal from the register.
a. Immoral behaviour including but not restricted to:
i. Sexual intercourse;
iii. Lesbianism; and
iv. Sexual harassment or flirtation.
b. Obtaining registration through fraudulent means;
c. Conviction of a sexual offence or any offence against a learner ;
d. Conviction of a criminal offence which, in the opinion of the Commission, renders the person unfit to be a teacher.
1.2 Offences that Need not lead to removal from the register.
a. Professional misconduct including but not restricted to:
i. Negligence of duty;
ii. Lateness to duty;
iii. Chronic absenteeism;
vii. Failure to proceed on transfer,
viii. Teaching without a teaching certificate;
ix. Proceeding on transfer without formal release.
x. Proceeding for other assignments not organized by the Commission without formal release.
xi. Failure to release a teacher to proceed on transfer;
xii. Failure to forward correspondence by teachers to and from the Commission;
xiii. Failure to hand or take over an institution upon transfer;
xiv. Failure to submit probation report in respect of a newly recruited teacher at the expiry of the probation period;
xv. Excluding a teacher from the teaching time table without authority from the Commission.
xvi. Pecuniary embarrassment including, but not limited to, failure to honour financial obligations as they fall due.
b. Infamous Conduct including but not restricted to:
ii. Fighting; and
iii. Conduct or behaviour which in the opinion of the Commission contradicts the spirit and tenor of the Chapter Six of the Constitution.
c. Forgery/Presenting forged documents to the Commission and/or its Agent.
d. Mismanagement, Misappropriation and Embezzlement of public funds.
e. Loss of public funds through negligence.
f. Failure to account for public funds as per the law.
g. Refusal to take oath during disciplinary proceedings.
h. Soliciting for favours to deliver a service (Bribery).
i. Misrepresentation:- Falsifying information,
k. Failure to account for public fund as required by law,
l. Failure to adhere to recruitment guidelines
m. Any other act or conduct that is incompatible with the teaching profession.
- Disciplinary Procedure a) Reporting Mechanism of Allegations against Teachers
Allegations of misconduct against teachers may be reported to any of the following administrative structures:
i. The TSC Headquarters ii. The TSC County Offices iii. The Head of Institution iv. The Board of Management
v. Any government law enforcing agency.
vi. Non State actors dealing with Protection of the Child.
b) Mode of Reporting:
Any person who believes that a teacher’s conduct is un-professional may lodge a complaint in the following manner:-
i. In writing, clearly indicating the nature of the complaint. ii. In a case of a verbal complaint, the person to whom the report is made shall cause the complainant to record and sign a statement of complaint.
c) Investigation of the Allegations Reported
Upon receiving a complaint about a teacher’s conduct as in Regulation xxx above, the Commission may proceed to investigate the matter as follows:
Where the allegation is made against a teacher other than a Head of the Institution:
i. The head of the institution in consultation with the BoM and the County Director, shall institute investigation to establish if the teacher has a case to answer or not.
ii. Where allegations made relate to an institution other than the one in which the teacher is stationed, both heads of institution, in consultation with the BOMs and the County Director(s), shall jointly conduct the necessary investigations.
Where the allegation is made against a head of institution:-
a. The County Director, in liaison with the BOM, shall institute investigation to establish the authenticity of the allegations.
b. Where allegations made relate to an institution other than the one the administrator heads, the County Director(s), in liaison with the BOMs of the institutions involved shall conduct the investigations. County Director/BOM in whose jurisdiction the teacher in question is stationed shall lead the investigation process.
c. During investigation process, due care shall be taken to ensure that the head of institution/teacher in question does not form part of the investigation team.
d. The investigating panel shall accord the accused teacher a fair hearing during the investigation process which shall include:
i. Being presumed innocent until proven that a teacher has a case to answer;
ii. Being informed of the allegation, with sufficient details to answer it; iii. Being given at least seven (7) days to prepare a defence;
iv. To appear in person before the investigation panel, unless the conduct of the accused teacher makes it impossible for the investigation to proceed;
v. To be present when the witnesses are being interviewed by the investigation panel. In the cases where minors are involved, caution should be taken to protect their rights.
vi. To be warned that any incriminating evidence may be used against him/her during the disciplinary proceedings; and
vii. To adduce and challenge evidence
ii) The investigation panel shall compile a written report indicating whether the teacher has a case to answer or not.
iii) If an investigating panel is satisfied that there is sufficient evidence of a breach of the Code by a teacher:-
i. In the case of a teacher in a post primary institution with a functional BOM, the Board shall take an appropriate disciplinary action against the teacher;
ii. In the case of a teacher in a post primary institution without a functional BOM, the County Director shall take an appropriate disciplinary action against the teacher;
iii. In the case of a head of a post primary institution, the County Director shall take an appropriate disciplinary action against the head of the institution; and
iv. In the case of a head of institution or teacher in a primary institution the County Director shall take an appropriate disciplinary action against the teacher.
v). The investigating panel shall present the report to the Board of Management/County Director/Commission Secretary for appropriate action.
vi). A teacher found guilty of professional misconduct may be given a maximum of two administrative warnings and subsequent misconduct will lead to automatic interdiction.
vii). Where a teacher’s misconduct is as result of a medical condition, the Agent shall not interdict the teacher but shall investigate, assemble evidence and submit a report to the Commission for administrative action.
The Commission shall determine whether to:
i. Grant sick leave;
ii. Terminate services
iii. Recommend his/her case to the Medical Board for assessment;
iv. Retire the teacher in public interest;
v. Retire the teacher compulsorily;
The Commission has the discretion to undertake direct investigation into any allegations as it may deem necessary
- PROCESS OF INTERDICTION
a. The Commission/B.O.M:-
i. On receiving allegations against a teacher’s conduct investigations and assemble evidence to establish whether the teacher has a case to answer.
ii. Commission/ BOM, will invite and interview the teacher and witnesses (if any) except for desertion cases.
iii. If satisfied that the teacher has a case to answer, serve the teacher with a notice of interdiction on the form prescribed in Schedule……. specifying the actual allegations made against him/her.
iv. Send a copy of interdiction notice to the Secretary Teachers Service Commission/County Director attaching all the relevant documentary evidence.
v. Ensure that the interdicted teacher/Head teacher/Principal clears and leaves the institution within 48 hours upon receiving the letter of interdiction.
b. Letter Of Interdiction
Where it comes to the knowledge of the Commission or its Agent that a registered teacher has a case to answer in regard to allegation made against him/her, the Commission or the Agents shall serve the teacher with an interdiction letter in the form prescribed in Schedule …
c. Salary Status during the Period of Interdiction.
Except in cases of desertion of duty, a teacher on interdiction shall be entitled to a half basic salary and full house and medical allowances.
d. Mode of Invitation to appear before a Disciplinary Panel.
A teacher on interdiction shall be invited to appear for the hearing of a discipline case, at least two (2) weeks before the date of the hearing. The invitation may be extended through any or a combination of the following means:
i. Current postal/ Permanent address;
ii. Address of the next of kin
iii. Hand delivery; iv. e-mail address;
v. Short text messages through mobile phones. vi. Teachers Service Commission website; or
vii. Any other mode that the Commission may use from time to time.
- THE DISCIPLINARY PROCEEDINGS
- Disciplinary Proceedings by the Commission
The Commission shall in accordance with Section ……. of the Act review the investigation report, consider and determine each case of interdiction whenever it is alleged that a registered teacher should have his/her name removed from the Register.
The Commission shall:
i. Presume a teacher innocent until proven guilty
ii. Inform the teacher concerned on the nature of the allegation made against him/her, afford that teacher adequate time for preparation and presentation of his/her defence and the opportunity of being heard in person, except for desertion cases
iii. Act on general evidence or statements relating to the character or conduct of the teacher concerned, and shall not be bound to receive and consider only evidence admissible in a court of law; and
iv. Allow the teacher adequate access of the evidence that the Commission intends to use in the prosecution;
v. Administer oaths and may, for the purpose of dealing with any matter before it, summon any person to attend and give evidence and to produce any relevant documents. vi. Consider only those allegations of which the teacher has been informed and charged with.
vii. Make the teacher aware of his/her right against self incriminating evidence;
viii. Allow the teacher to adduce evidence and be given opportunity to cross examine the witnesses. In the cases where minors are involved as witnesses, caution should be taken to protect their rights.
ix. Allow the teacher to call witnesses to testify in his defence.
x. Inform the teacher of the decision of the hearing within thirty (30) days, and to be given reason for the decision so arrived at by the Commission.
- Decisions arrived at Disciplinary Proceedings.
As a result of proceedings referred to in Regulation…..above, the Commission may in accordance with Section 34 (1) of the Act determine:
a) That the teacher is not guilty of the allegation made against him/her and have his/her interdiction revoked.
b) That a teacher is guilty of an offence that does not warrant removal from the
Register, the Commission may:-
i. Issue a warning letter to the teacher;
ii. Surcharge the teacher;
iii. Suspend the teacher for such period not exceeding six months without payment of basic salary;
iv. Cancel a registration certificate and remove the name of the teacher from the register;
v. Retire the teacher in the public interest;
vi. Dismiss the teacher from service;
vii. Terminate services of the teacher;
viii. Retire the teacher under ten-fifty (10/50) year rule; ix. Retire the teacher on Medical Grounds; or
x. Undertake any other lawful action as it may consider appropriate.
c). That the teacher is guilty of an offence that warrants removal of his name from the Register. Under such circumstance the Commission shall remove the name of the teacher from the Register.
- REVIEW OF DISCIPLINARY DECISIONS
Pursuant to section 46 of the Act, a teacher who is aggrieved by a decision of the Commission arising out of disciplinary proceedings may apply to the Commission for a review.
(1) The application may be made either directly to the Commission or through Teachers’ Union Secretary Generals within ninety (90), days from the date of the letter communicating the decision.
(2) Applications through the Unions may be discussed at the TSC/Unions Sub-Consultative Meetings to determine the credibility of the grounds raised by the applicants.
(3) All reviews shall be undertaken by the Teachers Service Review Committee, established under section 13 (2) of the Act.
- ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
The Commission shall put in place an alternative dispute resolution mechanism pursuant to Article 252 (1) (b) of the Constitution which empowers it to undertake conciliation, mediation and negotiation.
1) The Teachers Service Dispute Resolution Committee may be established in accordance with section 13 (2) of the Act, at the following levels when need arises:
i. The Institutional level;
ii. The County level;
iii. The Commission Headquarters.
2) Cases of disputes arising from administrative decisions or differences between teachers that are not professional in nature may be resolved in Dispute Resolution Committees. Such cases may not necessarily lead to interdiction of teachers unless they constitute a breach of the Regulations.
PENSIONS, GRATUITIES AND OTHER BENEFITS
This chapter deals with circumstances under which a teacher may retire or be retired. It also outlines the retirement benefits awarded under the Pensions Act, Cap 189, Laws of Kenya.
Following the amendment of the Income Tax Act Cap.470, introduced by the Financial Act 1992; any payment in excess of fifteen thousand (Kshs.15, 000) per month and Four hundred and eighty thousand (Kshs.480, 000) commuted pension are taxable. Retirees who are sixty five (65) and above are tax exempted.
Any period for which salary was not paid will not be pensionable.
- Eligibility for Retirement with Benefits from the Teaching Service
A teacher on Permanent and Pensionable terms of service is eligible for pension or gratuity in accordance with the Pensions Act, Cap.189 only if he/she retires in any of the following circumstances:-
a) On completion of 10 years qualifying continuous service and attainment of fifty (50) years of age. Such a teacher may retire or the Commission may require a teacher to retire from the Service;
b) Age limit – A teacher shall be required to retire on attaining the age of sixty (60) years. A teacher with disability shall be required to retire on attaining the age of sixty five (65) years.
c) On grounds of ill health:-
(i) A teacher can be retired on ill health if the Commission considers that the teacher is incapable by reasons of any infirmity of mind or body, of discharging the duties of his/her office and that such infirmity is likely to be permanent.
(ii) A teacher may request to be retired on grounds of ill health.
(iii) Where the teacher is considered for retirement or has requested to be retired in accordance with c (i) & (ii) above the Commission shall call upon the teacher to appear before the Medical Board constituted by the Director of Medical Services with a view to being ascertained whether or not the teacher should be retired on grounds of ill health.
d) Retirement from Employment in the Public Interest
(i) A teacher may be retired if the Commission, after having considered every available report(s) with regard to the complaint against the teacher and it is apparent that it is desirable to retire the teacher on grounds of the public interest, the Commission shall:-
Serve the teacher with a letter setting out the particulars of the complaints as reported and asking the teacher to make representation within reasonable time in view of the intended retirement; and
Upon receipt of the representation or if none is received within the prescribed time, the Commission shall either decide whether there is need to carry out further inquiry into the complaints or decide forthwith to retire the teacher on grounds of public interest;
(ii) For a complaint or report to justify retirement on grounds of public interest, it must be such that in view of the complaint or report, the teacher has offended public policy as protected in: – Prescribed government policy
Provisions of the Constitution or legislation, or
Binding decision made by a competent Court of Law.
(iii) A teacher who retires as provided in this Regulation shall receive a pension calculated at 1/480th of annual pensionable emoluments for each completed month of service.
(iv) A teacher may opt to commute one-quarter of his/her pension and to receive in lieu thereof a gratuity equal to twenty (20) times the amount of pension so commuted. Such option must be exercised prior to the last day of retirement.
- Period of Notice to Retire
Teachers wishing to retire will be required, except under circumstances deemed special by the Commission, to give one (1) month notice of their intention. The Commission will normally
give a similar notice of at least one (1) months, or a shorter notice under the said circumstances, when requiring a teacher to retire.
- Gratuity for Qualifying Service when the 10 years is not Completed
A teacher who retires in circumstances entitling him/her to a pension before completion of the necessary ten (10) years’ qualifying service and attainment of fifty (50) years of age is eligible for a gratuity at the rate of five (5) times the annual amount of pension which, if there had been no qualifying period, might have been granted to him/her.
- Gratuity for Qualifying Service when the 10 years is not Completed
- Marriage Gratuity A teacher who resigns from the Service after completion of five (5) years continuous service on account of marriage, or with a view to marry is eligible for a marriage gratuity. Satisfactory evidence of marriage must be produced within six (6) months from the date of resignation. Marriage gratuity will be paid at the rate of one-twelfth of a month’s pensionable emoluments for each completed month of pensionable service, subject to a maximum of one (1) year’s pensionable emoluments.
- Gratuity or Pension on Death
a) A Teacher confirmed on Permanent and Pensionable Appointment
A death gratuity is payable to the legal personal representative or to the dependants of a teacher serving on pensionable terms of service.
b) A Teacher who Dies in Service
A death gratuity of an amount not exceeding two(2) year’s pensionable emoluments (to be averaged where necessary) or amount equivalent to the gratuity in lieu of commuted pension, whichever is greater, is payable to the legal personal representative or to the dependants of a teacher who dies in the service after having been confirmed in permanent and pensionable appointment.
c) A Teacher Who Dies After Retirement
A gratuity equivalent to the annual pensionable emoluments on which the pension has been calculated or the gratuity in lieu of maximum commuted pension, whichever is greater, is payable to the legal personal representative or to the dependants of a teacher who dies after retirement provided a death gratuity would have been paid had the teacher died while in the service. The amount of the pension, gratuity or other allowance already paid to the teacher is deducted from such gratuity.
d) Pension to Dependants of a Teacher Killed on Duty
This is payable to the widow/widower and/or children of a teacher who dies as a result of injuries in the actual discharge of his/her duties and on account of circumstances specifically attributable to the nature of the duty.
e) Work Injury Benefits
A Teacher who dies as a result of injuries, the legal representative or the dependants shall be required to apply for work injury benefits
a) A teacher who is injured while on duty is eligible for payment of benefits as specified in the Work Injury Benefits Act (2007).
(i) A Teacher who is injured shall apply for compensation to the Commission in the prescribed DOSH forms. The forms must be accompanied by a medical report.
(ii) The application for compensation should be accompanied by the report by the head of institution giving the details of the accident and ascertained by the TSC County Director.
(iii) Where a teacher is injured due to a road accident or as a result of an assault, a police abstract must be attached to the claim.
(iv) A teacher who claims compensation or to whom compensation has been paid shall when required by the Director of Occupational Safety and Health Services or the Commission after reasonable notice, shall submit himself/ herself at the time and place mentioned in the notice for an examination by a registered medical practitioner designated by the Director or the Commission.
(v) A teacher who is injured due to his/ her own negligence or sustains self- inflicted injuries shall not be eligible for payment of Work Injury Benefits
(vi) The application must be made within twelve (12) months from the date of injury.
- Widows’ and Children’s Pension Scheme
A male pensionable teacher who is a citizen of Kenyan confirmed or on probation in his appointment on or after 1st May, 1971, is required to contribute 2% of his basic pay to the Widows and Children’s Pension Scheme. A female pensionable teacher who is a Kenyan citizen may join the scheme if she can prove that her husband is dependent on her.
b) Benefits Payable
On the death of the teacher, the benefits of the scheme accrue to the widow/widower and children of the deceased teacher in accordance with the Widows and Children’s Pension Act, Cap.195.
7. Forfeiture of Pension Rights on Resignation or Dismissal
(i) A teacher who resigns, except a female teacher who resigns on marriage grounds, before attaining the retirement age forfeits all claims to the retiring benefits;
(ii) Similarly a teacher who is dismissed from Service forfeits all claims to pension and gratuities;
(iii) However, a male teacher who leaves service under resignation or dismissal should claim refund of Widows’ and Children’s Pension Scheme (WCPS) benefits.
- National Social Security Fund a) Statutory and Voluntary Contributions
(i) A teacher who is ordinarily a resident in Kenya and employed on Temporary or Contract terms of service is required under the National Social Security Fund Act, Cap.258, to register with the Fund. The Commission shall make monthly deductions from the teacher’s salary and remit the same together with the Commission’s equal contribution to the fund;
(ii) A teacher may make voluntary contributions towards National Social Security Fund in addition to the statutory irrespective of the terms of Service.
Benefits shall consist of the total sum standing to the credit of the teacher at the time, i.e. the member’s contributions, and employer’s contributions together with interest accrued over the years of membership.
- Release of Teachers to Other Organizations
A teacher who has been appointed to a Public Institution, Teachers Union, non-profit making educational Institution or Parastatal shall be released.
(i) A teacher shall submit an application to the Commission in writing through the Head of Institution and attach a copy of the appointment letter, a letter of acceptance of the offer and a clearance from the head of Institution in order to be released.
(ii) A teacher on release shall have their benefits from the teaching service suspended until one retires with benefits from the institution he/she released to.
(iii) A teacher who is released to the Teachers Union or a non- profit making public institution and is contributing thirty one (31) percent of his/ her basic salary; may retire voluntarily on attaining fifty (50) years.
- Transfer of Service
A teacher who is offered employment by the Public Service Commission will have his/her past service with the Commission transferred to the new Ministry. Such a teacher shall be required to apply for Transfer of Service attaching a copy of the appointment letter, acceptance of offer letter and TSC clearance certificate. The Commission will then:
(i) Process Transfer of Service documents
(ii) Submit documents to the relevant Ministry/Department.
LEGAL PROCEEDINGS BY AND AGAINST TEACHERS ARISING OUT OF THE DISCHARGE OF THEIR DUTIES
This Chapter explains the conditions under which legal assistance is given to teachers in case of legal proceedings arising out of discharge of their duties, and channels to be followed when seeking such assistance. It also explains circumstances that can lead to denial of legal assistance to a teacher by the Commission.
1. Defence of Teachers in Criminal Proceedings
When a criminal prosecution is instituted against a teacher as a result of an act by him/her in the course of his/her official duties or otherwise, this shall translate to his/her personal criminal liability in the matter. The Commission shall not in, any way, be involved in the teacher’s defence in a court of law. The teacher may apply directly to the Director of Public Prosecution for assignment of an advocate by the State in accordance with Article 50 (2) (h) of the Constitution.
- Defence of Teachers in Civil Suits
(1) When a civil suit is instituted against a teacher personally as a result of his/her official position or of an act done by him/her in the course of his/her official duties, he/she may apply to the Attorney-General through the Commission for assistance in his/her defence. The County Director shall be required to submit detailed report, while forwarding the teacher’s application, to the Commission.
[The decision as to whether the Government will undertake the defence of the teacher will be taken by the Attorney General who may consult the Treasury before reaching a decision].
(2) A teacher desiring the Government to assist in his defence in a civil suit must apply to the Attorney-General through the Commission when summons to appear is served upon him. He shall not brief an advocate in his defence and subsequently apply for Government assistance. Unless the proper procedure is followed the Government may decline to pay any part of the cost of defence or any damages or costs, which may be awarded against a teacher.
(3) In a case where the Government assumes responsibility for the defence of a teacher on the advice of the Attorney-General, the latter will provide free legal defence, by instructing a State Counsel or by briefing a private advocate and the cost of such defence will be a charge on the vote of the Attorney-General.
(4) If the Attorney General briefs an advocate to represent a teacher, he/she will do so in consultation with the teacher.
(5) Whether any damages and/or costs awarded against a teacher in a civil suit will be met from public funds depends on the particular facts of each case:-
(a) If the action is only nominally against the teacher and is, in substance and in fact, against the Government.
(b) The question of so indemnifying a teacher is one for specific decision in each case, and will be decided only after consultation between the Attorney General, the Treasury and the Commission.
(c) When the Government accepts liability for damage and/or costs the Commission will be responsible for meeting such liability out of its grant.
Instituting Civil Proceedings.
(1) No teacher shall institute civil proceedings arising out of any circumstances connected with his/her official position, or with any activity in which he/she has been engaged in the course of his/her official duties, without first obtaining the written consent of the Attorney-General through the Commission, to the institution of such proceedings, whether or not he/she desires legal aid.
(2) In purely private proceedings, however, unconnected with their official position or duties, teachers do not require the consent of the Commission. In such private litigations the question of legal aid by Government does not arise.