A major source of frustration in the Kenyan education sector has been the practice of keeping teachers in “acting” leadership positions for years without official confirmation or the corresponding pay. However, the Teachers Service Commission (Amendment) Bill 2024 aims to put a definitive end to this administrative loophole.
The draft law introduces a mandatory cap on how long an educator can hold a position in an acting capacity, marking a significant victory for labor rights within the teaching fraternity while simultaneously raising the bar for administrative performance.
Under the proposed legislation, a teacher can only be appointed to an acting position for a maximum period of six months. Once this duration lapses, the TSC must either confirm the teacher in the position, advertise the vacancy for competitive filling, or revert the teacher to their previous grade.
This move is designed to prevent the “exploitation” of teachers who often take on the heavy responsibilities of Headteachers or Principals but remain on the salary scale of lower-level deputies or senior masters.
Standardizing Administrative Allowances
The Bill further stipulates that any teacher appointed to an acting capacity must be paid an “acting allowance” for the duration they hold the office. By codifying this, the TSC is removing the discretionary power of local offices and ensuring that financial compensation follows the workload.
This transparency is expected to boost the morale of middle-management educators who have long felt overlooked by the Commission’s promotion machinery.
Meritocracy Over Nepotism
By forcing the advertisement of positions after six months, the TSC aims to foster a culture of meritocracy. The Commission argues that permanent leadership roles in schools should be filled through a competitive process rather than through “temporary” arrangements that often last indefinitely.
This will allow younger, highly qualified teachers to compete for leadership roles, effectively injecting fresh energy into the management of public schools and aligning with the leadership requirements of the Competency-Based Curriculum (CBC).
Closing the Gap in School Leadership
Currently, hundreds of schools in Kenya are managed by acting heads, which often leads to administrative stagnation as these leaders lack the full authority to make long-term decisions. The TSC believes that by regularizing these appointments, schools will benefit from stable leadership and clear accountability. While the Commission will have to work faster to conduct interviews and vetting, the end goal is a more structured, fair, and professional career path for every Kenyan educator.
