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THE TEACHERS SERVICE COMMISSION ACT

212 AND THE CODE OF REGULATION F0R

TEACHERS

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PRESENTED TO HEADS OF DEPARTMENT OF

SECONDARY SCHOOLS AT MACHAKOS T.T.C.

(KESI PROGRAMME)

BY J.M. MAUNDU

SDS/HR.

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ESTABLISHMENT OF THE TSC

An act of parliament to provide for establishment of TSC

The Commission is a body corporate and consist of:-

A Chairman

Not less than two or more than 23 other members

APPOINTMENT

Under the Act the Chairman and others members

of the Commission are appointed by the Minister

of Education.

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QUALIFICATIONS FOR APPOINTMENT

The Act does not establish explicit qualifications.

However a serving teacher in any school cannot

be appointed as a Commission. If so appointed

then such a person ceases to be a teacher.

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Functions of the Commission

Under section 4 of the Act the Commission has

powers to

Recruit and employ registered teachers

Deploy, recruited teachers to any public school

Promote

Transfer teachers from one station to another

Terminate the employment of any teacher

Delegate to any person or body

Keep under review the standards of education,

training and fitness to teachers appropriate to

persons entering the Teachers Service

Commission 4

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CODE OF REGULATION

Section 6(1) gives the Commission powers to

compile and publish a Code of Regulation which

shall apply to all teachers. It also provides for

modification or amendment of the code.

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REGISTRATION OF TEACHERS

The Commission is mandated under section 7(1)

to establish and keep a register of teachers

Who qualifies for registration?

A holder of any certificate, licence or

authority to teach issued to him under the

Education Act Cap 211

Has fulfilled the prescribed requirements as

per the Code of Regulation for teachers and

the Schemes of Service

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Refusal to Register a teacher

Under Section 3 the Commission shall refuse to

register a person as a teacher if:-

Has no qualifications

Not of good moral character

Has been convicted of a criminal offence

which in the opinion of the Commission

hinders him to be a teacher

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Cont.

Is guilty of infamous conduct in any

professional respect

Has been engaged in activities which in the

opinion of the Commission are prejudicial to

peace good order or good governance

Suffers from some physical or mutual defect

or disease rendering him in the opinion of

the commission unsuitable to be a teacher

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Appeal to the Tribunal

Section 5 provides for appeal within 21 days to the appeals tribunal any aggrieved person.

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DISCIPLINARY PROCEEDING

Section 9 provides for disciplinary proceeding

against a registered teacher.

A teacher who is removed from the register after

a disciplinary process can appeal within twenty

eight days (28) to the appeals tribunal.

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Teachers Service Appeals Tribunal

This is a separate entity from the Commission

established under section 11(I)

Role

Consider and determine appeals for cases

where the Commission has removed a teacher

from the register.

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Membership of the tribunal

Chairman

Not less than two nor more than four other

members

All appointed by the Minister for Education

Representation:-

An assessor who is an advocate of not less

than 5 years experience to assist the

interpretation of various Regulations.

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Teachers Service Remuneration Committee

Section 13 (1) of the Act establishes the

Teachers Service Remuneration Committee.

Composition

A Chairman

Five other members, three nominated by the

Minister and two by the Commission

Five persons from the union

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Module

Review the remuneration of teachers

The Act provides that a recommendations for

review of remuneration of teachers shall be

transmitted to the Minister who is mandated

under the Law the publish in the Gazette an

order

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Financial Provisions

Section 16 provides for the Minister of Education

to give the Commission grants to facilitate

payment of teachers remuneration and any other

payment to the various committees established

under the Act.

The Commission under the Act shall keep

accords of the business and its accounts are subject to Audit.

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Tenure of Commissioners

3 years but are eligible for re-appointment

Staff

Schedule 14 provides for the employment of

secretariat staff to facilitate the Commission

discharge its functions.

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COR FOR TEACHERS

First edition compiled in 1972 revised in

1976,1986,and 2005

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Why then a Code of Regulations: Regulates the relationship between the employer

and employee

Sets terms and conditions of service.

Spells out the rights and privileges of the

employer/employee.

Handbook for both employer/employee.

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The major functions of the Teachers Service

Commission are:-

To establish and keep a register of teachers

(ref. Section 7(1) of the Act);

to establish and maintain a teachers service

adequate to the needs of public schools in Kenya

(ref. Section 4 (1) of the Act;

it has the powers under section 4(1), section 6

and section 7(3) of the Act

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to recruit and employ registered teachers, to assign teachers for service in any public school, to pay the remuneration of such teachers, to promote or transfer any such teacher, to terminate the employment of any such teacher and to exercise the powers conferred on the Commission by the Code of Regulations;

to delegate to any person or body, with the consent of the Minister and subject to such conditions as he may impose, any of its powers under paragraph (i) of this subsection;

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to keep under review the standards of education, training and fitness to teach appropriate to persons entering the service, and the supply of teachers and to render advice to the Minister from time to time on the aforesaid matters and on such other matters as may be referred to it by the Minister;

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to compile and publish a code of regulations

which shall apply to all teachers employed by

the Commission and from time to time modify

or amend the Code of regulations in such

manner as it thinks fit; and

to refuse to register an unsuitable person as a

teacher.

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Since the establishment of the TSC there have been two editions of the Code – the latest of which was published in 2006

The TSC Code of Regulations for secretariat spells out the rights and obligations of the employees under its employment.

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Briefly the chapters covered are:-

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CHAPTER I

Preliminary information

The chapter defines terms

Application

Members of the commission

The secretary to the commission

Acquaintance with the code

Non discrimination of employees

amendments

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Chapter 2

This chapter explains

Types of appointments

Assignments

Rules of conduct

IMPORTANT ITEMS TO NOTE

categories of appointments

Probationary period

Confirmation of appointment

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cont

Rules of conduct which cover

-absence from duty

-performance of duties

-prohibition from vying for elections

-handling official information

-channels of communication

-canvassing for favours in service

-pecuniary embarrassment

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cont Participation in trade union activities

Dress code

Corporate values

Performance appraisal

Health safety and care of property

Official secrets act

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New Features

New words define, arbitration, pecuniary

embarrassment.

Number of Commissioners increased from 14

to 24.

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CHAPTER 11 - REGISTRATION OF

TEACHERS

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Particulars on the application of Registration:-

These include:-

Name

Date of birth

Address

Nationality

Qualifications both academic and professional and

Any teaching service given elsewhere

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For one to be registered by the Commission as a teacher, he/she must meet the following conditions:-

Conditions for Registration:-

Be a holder of a certificate issued under the Education Act.

Be a qualified teacher according to Legal Notice No. 90 of 1967.

Is a person the Commission wishes to employ even though he/she may not qualify under either of the two conditions.

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Chapter 11 also covers other aspects to ensure that a person being registered as a teacher is suitable for such registration.

These are:-

Citizenship

This applies to teachers who are not Kenya citizens by birth

Medical Examination – this is a requirement on employment by the Commission. However, the Commission may require a serving teacher to submit to a medical examination.

Refusal to register or cancellation of registration.

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In the event that the Commission refuses to register one as a teacher after registration such registration is cancelled, such refusal or cancellation will be gazetted. The decision not to register or remove a person from the register can be reviewed after two years on application by the person concerned.

Registration Fee

The current registration fee is Kshs.500/=

Offences

It is an offence to deface or erase any entry in a certificate of registration. It is an offence to allow a person who is not a registered teacher to teach in any school.

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New Features

1. Variation of registration fee from Kshs.10 to

Kshs.500.

2. Decentralization of registration process to

the district level.

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CHAPTER III

This chapter covers appointments and the

conduct of teachers.

Terms of Service

Teachers can be employed on:-

Permanent and Pensionable Terms

This applies to teachers who are professionally

qualified, are 45 years of age or below and are

Kenyan citizens.

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Contract Terms

This is provided for teachers who are employed on a Government – to - Government arrangement.

Temporary Terms

Applicants who are not professionally qualified as teachers and those who are above 45 years of age at the time of engagement are employed on temporary terms.

Date of Appointment

This is the date on the letter of appointment provided it is not earlier than the date a teacher reports to an institution for duty.

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Teachers on Permanent and Pensionable Terms

Teachers on Permanent and Pensionable terms are required to serve for two years on probation. The Headteacher is expected to submit a report on performance and conduct about 3 months before the expiry of this period so that the teacher can be confirmed. This is an area where teachers, their supervisors (Headteachers) and their employer (TSC) need to pay close attention to. It causes delays in the event of a teacher dying in service if it is not expeditiously done.

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The probationary period is critical to all parties because it is the time for all to determine whether the person employed is suitable or not. For this reason, the employee is expected to apply for confirmation through his supervisor who will make recommendations.

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Termination of Appointment

Whatever the terms of service of a teacher, termination of service can be initiated by either the employee or the employer provided the terms of service are adhered to.

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Other Aspects Other aspects covered in chapter 111 or the COR

cover:-

Assignment to schools

A teacher should be ready to serve in any school in the Republic of Kenya.

Transfers

A teacher must not leave one station to another without approval from the Teachers Service Commission or its agents and must wait for clearance and release by the Headteacher.

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Teachers Conduct:-

The teacher will perform duties related to his role.

He will obey reasonable directives given by the Commission, its agents, and the headteacher.

Absence from duty without permission constitutes gross misconduct.

Elections

A teacher who wishes to vie for national or civic elections can only do so while outside the teaching service. Such a teacher must resign before seeking such a seat.

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Loss of Public Funds

Funds in a public institution are deemed to be

public funds. Loss of such funds can lead to a

teacher being sued by the BOG, School

Committee or to the DEB.

The Commission can recover in total or in part

such loss from a teacher’s salary. The

Commission may also take further disciplinary

action against a teacher. Areas defined as public

funds are covered in pages 26 and 27 of the

Code.

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Channels of Communication

Information gained in the course of a

teacher’s duties can only be used in the

discharge of his/her duties.

Official correspondence with the

Commission should be channeled through

the Headteacher.

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Annual Reports

The Headteacher should submit a report

on each teacher annually and the agent

will do the same for the headteacher.

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New Features

Decentralization of recruitment procedure.

Updates of communication proforma e.g.

Headteachers are under an obligation to release

transferred teachers within 30 days.

Replacement of Annual Confidential Report with

staff appraisal reports.

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CHAPTER IV - REMUNERATION

This chapter covers the remuneration of teachers

in the following areas:-

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cont

(a) Determination of salary on first appointment

(b) Determination of salary on promotion or

gaining higher

qualification.

(c) Incremental date

(d) Incremental Credits

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(e) Reimbursable expenses :-

These are:-

(i) Travelling expenses

Travelling expenses are reimbursed

on:-

1st appointment from home to school

Transfer (when initiated by the Commission)

While attending an interview at the

Commission

On retirement

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The emphasis while determining the mode of

transport is economy. Authority should be

sought from the agent or the Commission before

any hiring of transport is done.

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Allowances:-

(i) Hardship allowance

(ii) Motor vehicle allowance

(ii) Subsistence

(iv) Maintenance while outside the

country on paid study leave or on

official duty

(v) Medical allowances

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(g) Allowances

A teacher qualified for either an acting allowance or responsibility allowance if called to perform a higher job. This applies only to administrative positions in institutions.

(h) Reader’s Allowance

The Code of Regulations under revision will include reader’s allowance to formalize an allowance the Commission has been paying to readers for blind teachers.

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Chapter V - PROMOTION OF TEACHERS

This chapter covers the promotion of teachers. The introduction of Schemes of Service to cover all cadres is expected to ensure equity in the teaching service There are currently three (3) Schemes of Service that guide the promotion of teachers.

1. Scheme of Service for Graduate Teachers

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2. Scheme of Service for Non-Graduate

teachers

3. Scheme of Service for Technical Teachers

and Lecturers.

It is important that all teachers acquaint

themselves to the Scheme relevant to them.

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CHAPTER VI ALLOWANCES

This chapter covers the allowances paid to teachers. However, from 1st July, 2000 the payment of house allowance has been simplified by dividing the country into two, Nairobi City and the rest of the country. Providing only one kind of house allowance for all teachers has further enhanced equity. The inequality brought about by owner-occupier house allowance has been removed.

The administration of institutional houses has been left entirely to the administration in schools.

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CHAPTER VII - ADVANCES

Advances are provided to teachers for the

purchasing of:-

Motor vehicles

Motor cycles

Refrigerators

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CHAPTER VIII - MEDICAL BENEFITS

This chapter covers medical benefits in these areas:-

(a) Free medical treatment

This applied to government hospitals and no longer exists after the introduction of cost sharing.

(b) NHIF

Contributions per month have been increased to a maximum of Kshs.320/= and minimum of Kshs.80.

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cont

[c] In –patient treatment

(d) Out-patient treatment in a

government hospital

[e] Married woman teacher

[f] Ex-Gratia Assistant

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CHAPTER IX - LEAVE

This chapter covers leave for teachers. Under circumstances spelt out in the Code, teachers qualify for:-

(a) Annual leave

(b) Sick leave

(c) Maternity Leave

(d) Study Leave

(e) Special Leave

(f) Leave outside Kenya

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CHAPTER X - DISCIPLINE

This section of the Code covers:-

(a) Powers of the Commission to refuse to register a teacher

(b) Reasons for interdiction

(c) Proceedings of the Commission

(d) Decisions of the Commission

(e) Teachers Appeals Tribunal

(f) Other disciplinary cases

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Discipline cont.

(f) Other disciplinary cases

Where the offence committed by a teacher is not

serious he/she should be warned. If he/she

commits the same offence three times then the

agent can interdict him.

(g) Salary during interdiction

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cont The chapter also outlines the Commission’s

expectation on teachers performance of duties

and offences for which they may be disciplined.

It also deals with the appeals procedure to be

followed by a teacher who is not satisfied with

the disciplinary decision made.

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CHAPTER XI Legal proceedings by and against teachers

arising out of discharge of their teachig

duties

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cont This chapter covers the defense of teachers

should criminal proceedings be instituted against

them in the course of their official duties.

The Attorney General will provide legal

assistance if a teacher is sued in a civil or

criminal case provided the teacher is being sued

in his official capacity.

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CHAPTER X1I - PENSIONS, GRATUITIES AND OTHER BENEFITS

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This is the last chapter in the Code. It deals with terminal benefits when the teacher retires or dies in service or after retirement. It also covers:-

(a) Eligibility for retirement

(b) Marriage gratuity

(c) Pension for a teacher who dies in the course of his duties

(d) Injury pension

(e) Workmen’s compensation

NSSF benefits for teachers on temporary or contract terms of service

Notice to retire

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FORMULA FOR CALCULATION OF PENSION

AND GRATUITIES

Normal Retirement

Gratuity= Last Salary(Kshs. p.a.)*Length of Service (months)*20

(lumpsome) 480*4

Monthly Pension=

Last Salary(Kshs. p.a.)*Length of Service(months)*3

480*4

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FORMULA cont.

Example:

Grade = P1

Service = 30 years

Salary = Kshs. 109,680 p.a.

Gratuity = 109,680 * 30 * 12* 20

480 * 4

= Kshs. 411,300

Monthly = 109,680 * 30 * 12 * 3

480 *4

= Kshs. 5141.25

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THE LEGAL FOUNDATIONS OF THE CODE OF REGULATIONS FOR TEACHERS

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The background of most of the regulations in the Code is the Teachers Service Commission Act, Chapter 212 of the Laws of Kenya.

Since the TSC is a service organization attention must be paid to the welfare of the people within it. The rights of the teachers are therefore also driven from the other Acts of Parliament that seek to protect employees. The main ones are:-

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Education Act

This gives guidance on matters related to

Education in this country.

The Employment Act

This Act ensures that all employees enjoy leave,

maternity leave, housing and terminal benefits

among others.

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The Pensions Act This Act provides for pension benefits for employees

in public service and to a limited extent, their families.

The NHIF Act This ensures that employees have some protection in

times of sickness.

The NSSF Act This Act gives some limited protection for those who

are not on permanent and pensionable terms and those who may leave employment before reaching retirement age.

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KNEC Act This gives guidelines on registration of candidates

for National Examinations and management of such examinations.

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1. TRENDS AND CHALLENGES

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The greatest challenge is to be knowledgeable about the code and all legislation that regulate education in this country some of which have been mentioned earlier. Knowledge is power but ignorance is no defence even in a Court of Law. Regulation 6 states that the regulation apply to all teachers employed by the Commission and that every teacher shall acquaint himself/herself with the regulations of this code. It further states that any teacher who fails to comply with any part of the regulations shall be in breach of the Code and liable for disciplinary action. Therefore knowledge of the Code of Regulation is mandatory and not optional.

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Every Headteacher is expected to be in possession of the Code of Regulation and have at least another copy in the staffroom for use by the other teachers. Treat the COR as you treat your Bible or Koran or other religious guidelines.

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2. APPLICATION OF THE CODE

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3. DELIBERATE AVOIDANCE OF THE TSC CODE OF REGULATIONS

When a Headmaster wishes to protect their personal interests, and deliberately ignores the provisions of the Code on matters such as leave, financial management and terms and conditions of service, this is an indication of a poor manager.