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TSC Teacher discipline process; Interdiction, investigations, case and dismissal details

Teacher interdiction and dismissal is real in Kenya! A number of teachers are disciplined by the Teachers Service Commission (TSC) for committing a number of offences that have been outlawed in the Code of Regulations for Teachers and the TSC Code of Conduct and Ethics.

Teachers who violate the provisions of the Code of Regulations for Teachers and the TSC Code of Conduct and Ethics will face disciplinary action which may include warning or interdiction.

TSC Teacher Disciplinary Process

  1. A Head of institution may initially issue a verbal warning or caution the teacher in writing on minor breaches.
  2. In case of persistent misbehaviour, the teacher may be required to show cause why disciplinary action should not be taken against him/her.
  3. From the teacher’s response, the head of institution may serve the teacher with a warning or present the case before the agent.

The agent shall;

  1. Investigate and assemble relevant evidence.
  2. Invite the accused teacher in writing to defend himself/herself against specified allegation.
  3. Call witnesses to give evidence in the presence of the accused teacher.
  4. Allow the teacher to cross-examine each witness.
  5. In case of desertion where teacher’s whereabouts is unknown, the agent will interdict without any delay.

After the preliminary hearing the agent may reach any of the following decisions;

  1. No case to answer.
  2. Warn the teacher administratively.
  3. Interdict the teacher.

NB: In some cases TSC or agent can interdict a teacher without inviting him/her for preliminary hearing.

An interdicted teacher should write a defense statement within 21 days from the date of interdiction and provide contact address. A case will normally be heard within three months after interdiction. In case of delay the teacher is advised to make enquiries.

You may also like; TSC Disciplinary Process: Determination

Salary during interdiction

Teachers interdicted on cases of incitement, insubordination, infamous conduct and negligence of duty will be paid half salary during the period of interdiction.

Determination of a Discipline Case

After interdiction and submission of the required evidence the teacher shall be given a chance to defend himself/herself in person before the Commission. A case shall be heard and determined in the absence of the teacher if he/she fails to appear during the hearing. From the evidence gathered, the Commission may;

  1. Revoke the interdiction.
  2. Warn the teacher.
  3. Suspend the teacher from duty.
  4. Dismiss the teacher from service.
  5. Retire the teacher in the public interest.
  6. Dismiss and remove from the register of teachers.

It is an offence for a teacher to engage in teaching in any institutions (public or otherwise) during the period of interdiction or suspension or on removal from the registry of teachers.

Where a teacher has been suspended from duty, he/she will be posted 14 days before the expiry of the suspension.

A teacher will be posted immediately in cases of revocation and warning. A teacher who does not receive communication within 28 days after hearing should make enquiries to the Commission Headquarters in person.

Nature of TSC Offences

The Commission may take disciplinary action against a teacher who commits any of the following offences:

Immoral behaviour, including but not restricted to:

  1. Sexual intercourse
  2. Sodomy
  3. Lesbianism and
  4. Sexual harrasment

Proffesional misconduct including but not restricted to:

  1. Negligence of duty
  2. Lateness to duty
  3. Chronic absenteeism
  4. Desertion Incitement and
  5. Insurbordination

Infamous conduct including but not restricted to:

  1. Drunkeness
  2. Fighting
  3. Conduct or behaviour which in the opinion of the Commission contradicts the spirit and tenor of Chapter six of the Constitution
  4. Forgery/ presentation of forged documents
  5. Mismanagement, misappropriation and embezzlement of public funds
  6. Any other act of conduct that is incompatible with the teaching proffession.

For a detailed description of the offences visit; TSC- A list of all offences that can lead to a teacher’s interdiction and the evidence required

S/No TSC Offence
1 Immoral behavior
2 Negligence of duty
3 Chronic Absenteeism
4 Desertion of Duty
5 Insubordination
6 Infamous Conduct in any Professional Respect
7 Forgery/Impersonation /Collusion/Fraud and Corrupt deals/Bribery
8 Mismanagement/Misappropriation/Embezzlement of Public Funds
9 Conviction of Criminal Offense

 

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TSC introduces new subject combinations for teachers

The Teachers Service Commission, TSC, has identified key learning areas for teachers. The Commission now wants universities and colleges to introduce these new subjects in their teacher training in preparation for the roll-out of the Competency Based Curriculum (CBC) in junior and senior school.

Via a note sent to the Ministry of Education,TSC Boss, Dr Nancy Macharia, said the alignment of the training programmes by universities and private colleges is intended to equip teachers with requisite skills, in line with the Kenya Institute of Curriculum Development Basic Education Framework.

“The purpose of this letter is to submit the commission’s advisory on teacher preparation and requirements to facilitate a smooth implementation of junior and senior school curriculum delivery,” said Dr Macharia in a letter dated July 30 addressed to the principal secretary for the State Department for University Education and Research, Simon Nabukwesi.

It is copied to the PS for Implementation of Curriculum, Prof Fatuma Chege, the CEO of the Commission for University Education, Prof Mwenda Ntarangwi, and vice chancellors of universities that train teachers.

According to the TSC, the new learning areas that universities need to give special attention include pre-technical and pre-vocational education, life skills, agriculture and health education.

Optional subjects include indigenous languages, Kenya Sign Language, visual arts, and performing arts. It further identifies various subjects where skills gaps exist, such as leatherwork, Mandarin, woodwork technology, plumbing and ceramics.

To implement the teaching of some of the learning areas, there is a need to retool teachers in home science and biology to facilitate learning in health education, social studies to include content on citizenship and sports and physical education to include the aspect of sports and health introduced in the learning areas, added Dr Macharia.

“We advise and recommend that the teacher education curriculum should be flexible and aligned to enable one to teach and instruct a variety of subjects,” she said.

This is a departure from the current practice where secondary teacher trainees specialise in only two teaching subjects.

The commission has not yet begun training secondary school teachers in service for the CBC despite the fact that the pioneer class, now in Grade Five will be moving to Grade Seven (the first junior secondary school class) in January 2023. It is expected that more teachers will be required in secondary schools when the curriculum is fully implemented.

To alleviate the perennial shortage of teachers and reasonably meet the demand of teachers in the country, TSC has recommended that universities be appropriately informed about the new subject areas to guide their admission of students pursuing teacher education to meet the projected demands.

“The commission is expected to project teacher demand levels and appropriate areas of focus that will inform the strategies for training and preparation of teachers who will be available and ready to handle the junior and secondary learning,” she said.

Recently, the commission stoked debate on its role when it sent a document to universities advising them to scrap the Bachelor of Education degree which has been in place since 1970. It recommended that teacher trainees undertake either a three-year Bachelor of Arts (BA) or Bachelor of Science, study three teaching subjects and later take a post-graduate diploma in education.

The proposal, which drew opposition from some universities, is still awaiting stakeholder engagement and approval from the Commission for University Education.

Speaking to the Nation a week ago, Kenya Institute of Curriculum Development (KICD) chief executive Charles Ong’ondo said universities should be able to churn out graduate teachers with relevant skills to handle learners in junior and senior secondary.

“We call upon universities to ensure their teacher training programmes are aligned with the CBC,” said Prof Ong’ondo.

According to the KICD basic education framework, all learners in junior secondary will learn the same subjects but will branch off to one of the pathways in senior secondary. The pathways include arts and sports science, social sciences, and science, technology, engineering and mathematics (Stem).

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