TSC Compensation and Confirmation of Acting Teachers
A new legislative proposal aims to ensure teachers in acting administrative roles receive fair compensation and are confirmed in their positions within a specified timeframe.
The Teachers Service Commission (Amendment) Bill, 2024, introduced in Parliament, seeks to address these issues and is anticipated to benefit numerous educators across the country.
Impact on Teachers
If passed by the National Assembly, the Bill will ensure that the Teachers Service Commission (TSC) compensates teachers who have been serving in acting administrative capacities without financial remuneration.
Currently, many teachers who merit promotion remain unrecognized due to the TSC’s insufficient funding. This has left numerous qualified educators in administrative roles without the corresponding allowances.
In March, the TSC promoted 36,505 teachers but overlooked many others who had been interviewed. The previous year saw a lack of applications for vacant positions, attributed to prolonged stagnation in the same job groups, discouraging teachers from applying.
Provisions of the Bill
The Bill aims to modify Section 11 of No. 20 of the TSC Act, 2012. It proposes that the TSC, in consultation with the Salaries and Remuneration Commission, facilitates the payment of allowances to teachers as outlined in the Fourth Schedule.
Additionally, a new Section 32A will set the minimum number of days for which a teacher can be appointed to an acting capacity at 30, with a maximum duration of six months. Teachers unqualified for a position should not be appointed to act.
Specifics on Allowances
- Special Duty Allowance: Teachers acting in administrative roles will be entitled to this allowance.
- House Allowance
- Commuter Allowance
- Leave Allowance
- Hardship Allowance: For teachers deployed to schools in designated hardship areas.
- Responsibility Allowance
The Bill emphasizes that only one acting position can be held by a teacher at a time, ensuring structured and fair appointments.
Support from Key Figures
Mandera South MP Abdul Haro, who submitted the Bill, stated that it aims to entrench fairness for teachers holding acting positions and ensure the TSC appoints them in a structured manner.
Collins Oyuu, Secretary-General of the Kenya National Union of Teachers (Knut), expressed strong support for the Bill. He highlighted that it aligns with popular labor practices, where acting roles should not exceed six months without proper compensation.
Mr. Oyuu criticized the TSC for bypassing legal procedures by not issuing appointment letters, instead referring to acting roles as “assignment of duties,” which typically lack any mention of monetary compensation. One such letter, viewed by Nation, assigns duties of a head teacher without specifying compensation, emphasizing the temporary nature of the assignment.
Recent Discussions and Future Plans
In April, discussions regarding allowances and promotions were held during a retreat between the TSC and the Kenya Union of Post-Primary Education Teachers (Kuppet). However, no agreement was reached on compensating teachers in acting appointments.
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Kuppet argued that acting administrators deserve allowances as outlined in the Code of Regulations for Teachers. The TSC countered that acting positions were abolished by SRC circulars and are thus non-compensable. Kuppet maintains that the TSC is violating the law by not compensating acting administrators.
Nation has learned that another retreat between the commission and Knut is scheduled to take place in Naivasha, Nakuru County, starting Tuesday, June 18, where these issues will be further discussed.
TSC Compensation and Confirmation of Acting Teachers
