As the Teachers Service Commission (Amendment) Bill 2024 advanced through its most recent parliamentary debate on February 18, 2026, a critical new protection for educators was cemented in Article 28.
Addressing the long-standing fear of “kangaroo courts” within the Commission’s internal disciplinary systems, this article mandates that every teacher facing a disciplinary hearing has the statutory right to be accompanied by a representative.
This move, championed by the Kenya Women Teachers Association (KEWOTA) and supported by major unions, aims to level the playing field between the employer and the employee.
For decades, teachers—especially those in rural areas—often faced disciplinary panels alone, where they could be intimidated into signing “confessions” or were unaware of their procedural rights. Article 28 formally introduces a “Right to Representation” clause.
Under this new rule, a hearing cannot proceed unless the teacher is accompanied by a union official, a legal representative, or a fellow teacher. This ensures that “moral support and fair hearings,” as KEWOTA CEO Benta Opande recently put it, become a standard feature of the administrative justice system.
Half-Pay During Suspension: A Financial Lifebuoy
Beyond representation, Article 28 seeks to standardize the financial treatment of teachers under investigation. The Bill proposes that:
Suspension with Pay: Teachers under suspension (other than for desertion) shall be entitled to half basic salary and applicable allowances.
Revocation of Interdiction: If a teacher is found not culpable, the TSC is legally bound to revoke the interdiction and pay all withheld arrears immediately.
By codifying these rights, the Bill prevents the Commission from using “indefinite suspension without pay” as a punitive tool to force teachers out of the service before a verdict is even reached.
The “Hearsay” Safeguard
Article 28 also acts as a counterweight to the controversial “general evidence” clause (Article 16). While the TSC wants to act on “general character,” Article 28 requires that any such evidence be presented in the presence of the teacher’s representative.
This allows for immediate cross-examination and ensures that the “right to a fair hearing” enshrined in Article 50 of the Constitution is not diluted. Lawmakers have emphasized that while the TSC needs powers to weed out bad actors, those powers must not bypass the basic tenets of natural justice.
Mandatory Record-Keeping and Transparency
To prevent the “disappearance” of evidence or the alteration of hearing minutes, Article 28 mandates that all disciplinary proceedings be recorded and a certified copy made available to the teacher within 14 days of the verdict.
This transparency ensures that if a teacher chooses to appeal to the new Internal Disciplinary Review Committee (IDRC) or the Labor Court, they have an accurate record of what transpired, preventing the Commission from “shifting goalposts” during the appeal process.
Tags
TSC teacher representation 2026, TSC Amendment Bill Article 28, Right to fair hearing for teachers, Teacher suspension half pay Kenya, KEWOTA TSC Bill recommendations, Kenyan teacher disciplinary procedures 2026.
