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1
THE TEACHERS SERVICE COMMISSION ACT
212 AND THE CODE OF REGULATION F0R
TEACHERS
1
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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4
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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7
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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8
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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11
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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13
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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14
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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15
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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16
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.
23
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.
46
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.