TSC to Compensate and Confirm Teachers In Acting Capacity

A new legislative proposal, the Teachers Service Commission (Amendment) Bill, 2024, has been introduced in Parliament. The bill aims to facilitate the payment of allowances and limit the duration teachers can hold administrative roles without confirmation.

If approved by the National Assembly, this bill will provide monetary benefits to numerous teachers who have been acting in administrative roles without compensation.

Addressing Promotion Issues

Despite the Teachers Service Commission (TSC) promoting 36,505 teachers in March, many others who had been interviewed were left out. This situation is partly due to the inadequate allocation of funds to the TSC, leading to thousands of deserving teachers missing out on promotions.

Last year, the TSC faced challenges in attracting applications for vacant positions, attributed to long periods of stagnation in the same job groups. This bill seeks to address these issues and ensure fairness in appointments.

Bill Provisions

Allowances

The bill proposes amending Section 11 of No 20 of the TSC Act, 2012, by adding a new paragraph. This paragraph mandates the TSC, in consultation with the Salaries and Remuneration Commission, to facilitate the payment of allowances to teachers as outlined in the Fourth Schedule.

Acting Capacity 

A new Section 32A is proposed in No. 20 of 2012, setting a minimum of 30 days and a maximum of six months for teachers appointed in an acting capacity. It specifies that unqualified teachers should not be appointed to act. Teachers acting in administrative roles would be entitled to special duty allowances, and the bill stipulates that teachers should only act in one position at a time. In situations where qualified teachers are unavailable, the commission must pay a special duty allowance to those performing administrative duties beyond their teaching grades or in arid and semi-arid lands.

READ ALSO: TSC Recruitment Of 20000 Grade 9 Teachers

Support and Opposition

Kenya National Union of Teachers (Knut) Secretary-General Collins Oyuu expressed his support for the bill. He highlighted that it is a common labor practice that no one should act for more than six months without receiving an acting allowance. Oyuu criticized the TSC for circumventing the law by not issuing appointment letters, instead referring to these roles as “assignment of duties.” A letter seen by Nation indicated that teachers assigned as head teachers were informed that the assignment was temporary, with no mention of monetary compensation.

Allowances Breakdown

Teachers are eligible for various allowances, including:

– House Allowance

– Commuter Allowance

– Leave Allowance

– Hardship Allowance (for those in gazetted hardship areas)

– Responsibility Allowance

Discussions and Negotiations

In April, the issue of allowances and promotions was discussed during a retreat between the TSC and the Kenya Union of Post-Primary Education Teachers (Kuppet). However, no agreement was reached regarding the compensation for teachers in acting roles. Kuppet argued that acting administrators deserve allowances as per the Code of Regulations for Teachers. In contrast, the commission cited SRC circulars that abolished acting positions, claiming they are non-compensable. Kuppet accused the commission of violating the law by using acting administrators without compensating them.

Another retreat between the TSC and Knut is scheduled to be held in Naivasha, Nakuru County, starting tomorrow (Tuesday, June 18), to further discuss these issues.

TSC to Compensate and Confirm Teachers In Acting Capacity