Major Reforms at the Teachers Service Commission, TSC: Final CBC Task Force Report

Under Section 11(c) of Act, TSC is mandated to “ensure that teachers comply with the teaching standards set by the Commission”, while under Section 11 (f) TSC is required to “monitor the conduct and performance of teachers in the teaching service”.

From the foregoing, it is apparent that the function of the TSC as enshrined in the Constitution, is mis-interpreted in the TSC Act and TSC Code of Regulations for teachers. This is because, TSC has established a Directorate of Quality Assurance and Standards at the headquarters with offices across the entire Country thus overlapping with the responsibilities of the Directorate of Quality Assurance and Standards in the Ministry of Education.

Furthermore, Section 35 (1) of the TSC Act provides that “the commission shall take all necessary steps to ensure that persons in the teaching service comply with the teaching standards prescribed by the commission under this Act”. However, this is in conflict with the function of the National Government as prescribed under Section 15 Part 1 of the Fourth Schedule of the Constitution.

In a letter dated 10th September 2014, the Commission for the implementation of the Constitution (CIC) concluded that Section 35 (1) of the TSC Act, which required the commission to take all necessary steps to ensure that persons in the teaching service comply with the teaching standards prescribed by the commission under the Act is unconstitutional.

CIC pointed out that ‘compliance with standards is the responsibility of the National Government’ and therefore whether a teach displays the standards at work is the Primary work of the National government. The Attorney General in a letter dated 19th December, 2014 addressed to the Cabinet Secretary Education concurred with CIC.

the framework of performance

evaluation and not quality assurance of education in a basic education institution by redesigning the teacher performance evaluation to

be similar to performance evaluation in other sectors of civil government and to provide for control of operations in learning institutions for MoE.

On the other hand, the fourth schedule of the constitution mandates the national government to set education policy, standards, and curricula for all levels of education and training. This means that the national government is required to develop programmes and curricula for teacher education and training.

training is the responsibility of the MoE.

The teachers are employees of TSC but they run and implement the curriculum developed   by MoE through KICD. Thus, though the teachers are employees of TSC they work for MoE which is expected to supervise and quality assure the teacher delivery of the curriculum.

in the committees that is deploying, transferring

and promoting of teachers,

headteachers and principals.

(i)          The roles and responsibilities of a principal and head teacher include: –

(ii)        Organization and management of approved school curriculum;

(iii)       Management and control of school finances and stores;

(iv)       Management and motivation of human resource in the school;

(v)        Secretary of the school BOM and PTA;

(vi)       Management and maintenance of the school plant equipment;

(vii)        Teaching subjects of specialization.

These roles and responsibilities are conferred to them by the MoE. However, for example, where there has been a case of mismanagement of funds or resources by a head   teacher or principal, the Principal Secretary State Department of Basic Education at the MoE cannot hold the head teacher or principal to account, nor is he/she involved in their discipline. Similarly, TSC does not have the mandate to supervise financial management at the schools.

institutions who will be agents of MoE in the management of the institutions thus accountable to MoE as accounting and authorized officers. Framework should be borrowed from the Public Service Commission (PSC).

education institution shall be agents of the MoE.

or” and “in consultation with the Prime Minister”.

2.   Amend Section 8 (5) to include advertisement in the TSC website.

3.  Delete the whole of Section 8 (17) of the TSC Act.

4.  Amend Section 8

(18) of the TSC Act by deleting the phrase “in consultation with the Prime Minister may”.

Section 8 (17) of the TSC Act provide that until after the first general election under the Constitution, the President shall in nominating persons for appointment as chairperson or member of the Commission act in consultation with the Prime Minister. The post of Prime Minister has since been abolished.

Clause 2 of the Second Schedule of the Act provides that the quorum of a meeting of the commission shall be one half of members. In accordance with Mwongozo quorum of a meeting should be two thirds of the members.

Clause 5 of the Second Schedule of the Act provides for instances where there may be conflict of interest. However, the provision is too detailed and is not well understood.

(3) of the TSC Act to include the word “have” between shall and no.

2.  Amend clause 2 of the Second Schedule to state that quorum shall be two thirds of the members.

3.  Amend Clause 5 of the Second

schedule to read “a member who has a direct or indirect interest in a matter being considered or to be considered

as the relevant facts regarding the matter come to knowledge

of the member, disclose the nature of such interest, and shall not be present during any deliberations on the matter.”

Section 17 (2) of the TSC Act provides for the procedure for removal of the Secretary. The terms and conditions indicated therein are not clear.

(5) of the TSC Act to read as follows, “the Secretary shall be the chief executive of the commission,

and shall be responsible for the management of the day-to-day activities of the commission, for clarity.

2.  Delete Sub-Section

(6) of Section 16 of the TSC Act.

3.  Amend the whole of Section 17 of the TSC Act to read

as follows: (1) the secretary may be removed from office by the commission, in accordance

with the terms and conditions of service, for –

4.  Amend Section 30 (3) of the TSC Act to include last known postal address or by electronic means.

5.  Delete Section 31

(1)    (a) of the TSC Act.

inability to perform the functions of the office arising out of physical or mental incapacity;

or negligence of duty; or

any other ground that would justify removal from office under

the terms and conditions of service.

(2) Before the secretary is removed under Sub-Section (1), the secretary shall be given an opportunity to defend himself or

herself against any allegations against him or her.

(6) of the TSC Act to read “taking into account”.

Section 30 (1) (c) & (f) of the Act provides that the commission may, after inquiry, cause to be removed from the register the name of any person who has been convicted of a sexual offence or an offence against a pupil or student; and suffers from such physical or mental illness or infirmity which renders the person incapable of performing the duties of a teacher. The physical or mental illness or infirmity should be in the opinion of a registered medical practitioner who has the expertise to make such determination.

Section 30 (3) of the Act provides that subject to the provisions of the Act, the removal of a teacher’s name from the register shall be notified by the commission to the person by registered mail addressed to his or her last known address. The option of use of electronic means is not provide for in the Act.

2.  Amend Section 30

(1)   (c) of the TSC Act to replace the word phrase “pupil or student” with “learners”.

3.  Amend Section 30 (1) (f) to read as follows:

suffers from such physical or mental infirmity which in the opinion of a registered medical practitioner, renders the person incapable of performing the duties of a teacher.

(a) the removal of that teacher’s name from the register be confirmed.

(2) of the TSC Act by deleting “after the expiry of a period of eighteen months from the date of removal of the name from the register.”

Section 31 (1) (a) of the Act provides that where the name of any person has been removed from the register, the commission may, either of its own motion or on the application of the concerned teacher made in the prescribed manner, and in either case after observing due process, direct that

(a) the removal of that teacher’s name from the register be confirmed. Section 31 (2) states that an application under Sub-Section (1) may only be made after the expiry of a period of eighteen months from the date of removal of the name from the register. The period is eighteen months is unreasonable and unjustifiable.

7. TSC should be registered with the Office of the Data Commissioner subject to the Data Protection Act.

Section 34 (3) (j) of the Act provides that the commission, after interdicting a teacher, may take disciplinary actions against a registered teacher undertake any other lawful action as it may consider appropriate. Use of the phrase “undertake” is erroneous

The Third Schedule of the Act and TSC Code of Conduct and Ethics for Teachers Regulations 2015 on disciplinary offences provides for the list offences under the Act. However, some of the offences listed contradict other laws, such as the penal code and other offences as prescribed in other laws, e.g. the Sexual Offences Act and the Children’s Act have not been included.

33 (1) of the TSC Act to read the commission may, take disciplinary action against any person registered as a   teacher under this Act. The procedure is stipulated by the regulations under the Act.

2.  Amend Section 34

(3) (j) of the TSC Act by deleting the phrase “undertake”.

3.  Amend the Third Schedule of TSC Act and TSC (Code of Conduct and Ethics for Teachers) regulations 2015 on disciplinary offences.

“a person aggrieved by the decision of TSC shall appeal to the EAT as provided for in the “Education Appeals Tribunal Bill.”