As the Teachers Service Commission (Amendment) Bill 2024 advances through the legislative pipeline, a new and highly controversial clause has emerged that threatens the financial extracurriculars of thousands of Kenyan educators. The draft law explicitly proposes a ban on teachers engaging in “any other gainful employment” while serving as employees of the Commission.
This move, aimed at ensuring total devotion to the classroom, has sparked an immediate uproar from teacher unions and educators who rely on side businesses to supplement their stagnant salaries.
The TSC argues that the “noble profession” requires undivided attention and that outside business interests—ranging from running a local shop to agri-business or professional consultancy—often lead to “occupational burnout” and chronic absenteeism. By codifying this ban, the Commission aims to professionalize the service and ensure that the government gets “full value” for the salaries paid to teachers.
Under the proposed law, an educator discovered to be running a competing business or working another job could face summary dismissal on the grounds of “divided loyalty” and breach of contract.
The Union Uproar: KNUT and KUPPET Fight Back
Teachers’ unions, including KNUT and KUPPET, have branded this proposal as “punitive and ill-intentioned.” Union leaders argue that in a high-inflation economy where the cost of living has skyrocketed, a teacher’s basic salary is often insufficient to meet family needs. They contend that as long as a teacher performs their duties during official hours, the Commission has no legal or moral right to police what they do in their private time.
“Unless the meaning of ’employment’ has been corrupted,” one unionist noted, “a teacher should be free to run a corner shop after an honest day’s work.”
Oversight and the “Ghost Teacher” Audit
This clause is closely linked to a recent national audit that uncovered “ghost students” and non-operational schools still receiving capitation. The TSC believes that by barring external employment, it can more effectively weed out teachers who are on the payroll but spend most of their time managing private enterprises.
The Bill proposes that field officers at the zonal level will have the power to investigate “lifestyle inconsistencies” and report teachers who appear to prioritize their side hustles over their pedagogical duties.
A Defining Moment for the Profession
If this Bill passes, the Kenyan teacher will face a stark choice: total dedication to the public service or the risk of losing their job for seeking extra income. While the TSC views this as a necessary step toward “restoring discipline,” critics see it as a draconian measure that will lower morale and drive talented individuals away from the teaching profession.
The battle over the “No Side Hustle” rule is set to be the most heated aspect of the public participation phase, as educators fight for their right to financial survival outside the classroom.
