TSC’s Strategic Shift in the Battle Against Teacher Misconduct
The Teachers Service Commission (TSC) is orchestrating a paradigm shift in how professional accountability is defined within Kenya’s education sector. According to the recently unveiled TSC (Amendment) Bill 2024, the Commission is seeking to establish an independent disciplinary jurisdiction that operates parallel to, rather than dependent on, the judicial system.
This move is designed to address a long-standing loophole where educators accused of heinous acts, such as sexual exploitation or financial impropriety, return to classrooms simply because a criminal court lacked “beyond reasonable doubt” evidence for conviction.
Breaking the Judicial Dependency
Historically, the TSC has often been paralyzed when a teacher is acquitted in a court of law. The new draft law seeks to change this by asserting that the Commission’s disciplinary process is an administrative matter, not a criminal one. Under the proposed regulations, the TSC can proceed with deregistration even if a court has cleared a teacher of criminal charges.
The logic is clear: while a teacher might not be a “criminal” in the eyes of the penal code, they may still be “unfit to teach” based on professional ethics and the safety requirements of a school environment.
Strengthening the Shield for Learners
A significant portion of the legislative draft focuses on the protection of minors. The Bill expands the definition of “professional misconduct” to include grooming, sending suggestive messages, and even failing to report known cases of abuse by colleagues.
By lowering the threshold of proof from “criminal certainty” to “balance of probabilities,” the TSC aims to purge the system of individuals who pose a risk to learners but are savvy enough to evade criminal prosecution. This “Zero Tolerance” approach is aimed at restoring parental confidence in the public school system.
The Union Pushback and the Fair Hearing Debate
The introduction of these powers has naturally caused friction with teachers’ unions, who argue that the Commission is setting itself up as “judge, jury, and executioner.” Critics suggest that removing the protection of a court acquittal could lead to victimization and the unfair termination of innocent teachers. However, the TSC maintains that the Bill includes provisions for a robust internal appeals process and that the primary focus remains the “best interests of the child.”
Future-Proofing Professionalism
As the TSC moves toward this new regulatory framework, it is also proposing stricter controls over teacher registration. Any individual who has been struck off the register for moral turpitude will find it nearly impossible to ever rejoin the service, regardless of future legal clearances. This ensures that the teaching profession remains a high-trust occupation, where the safety of the student is paramount and the standards of conduct are non-negotiable.
