The landscape of Kenyan education is on the verge of a seismic shift as the Teachers Service Commission (TSC) pushes for a radical legislative overhaul. The proposed Teachers Service Commission (Amendment) Bill 2024 is not just a minor policy adjustment; it is a profound expansion of authority that aims to tighten the Commission’s grip on the conduct and professionalism of nearly 350,000 educators.
At the heart of this draft law is a pursuit of “disciplinary autonomy.” For years, the TSC has faced legal hurdles when trying to dismiss teachers involved in criminal cases, particularly those acquitted by courts on technicalities. The new Bill seeks to decouple internal disciplinary processes from criminal proceedings. If passed, an acquittal in a court of law will no longer act as an automatic shield for a teacher. The Commission intends to use its own standards of proof to deregister and dismiss “errant” staff, ensuring that moral and professional misconduct—even if not meeting the high threshold of criminal conviction—is met with swift administrative justice.
Targeting the “Untouchables”: New Offenses and Stiffer Penalties
The draft legislation introduces a stringent list of offenses that could lead to immediate interdiction and permanent removal from the register. Key among these are:
Sexual Misconduct: A zero-tolerance policy towards the sexual exploitation of learners, including flirtation, indecent behavior, and the sharing of pornographic materials.
Administrative Sabotage: Stiff penalties for teachers who facilitate unauthorized holiday tuition or withhold national examination results and certificates as leverage for fees.
Professional Negligence: Chronic absenteeism, desertion, and poor performance are being codified as serious professional breaches rather than mere performance issues.
Decentralization and the Professionalism Push
Beyond discipline, the TSC seeks to decentralize its operations through mandatory zonal offices, bringing its “Iron Fist” closer to the classroom. The Bill also proposes the establishment of the Institute of Teacher Support and Professional Development (ITSPD). This body will oversee mandatory continuous training, ensuring that teachers are not just employees but constantly evolving professionals. Failure to participate in these professional development modules could soon become a ground for disciplinary action.
Why This Matters Now
As Kenya transitions through the Competency-Based Curriculum (CBC), the TSC argues that the quality of education is inextricably linked to the character of the educator. While unions like KNUT and KUPPET express concerns over the potential for administrative overreach and the violation of fair labor practices, the TSC maintains that these “draconian” measures are the only way to safeguard the safety of learners and restore the dignity of the “noble profession.”
