TSC Ammendment, New Allowances: Education Committee engages TSC, Kuppet, AG, Treasury

Members of Parliament have commenced review of the Teachers Service Commission (Amendment) Bill, 2024 sponsored by Hon. Abdul Haro.

The Bill seeks to amend the Teachers Service Commission (TSC) Act to provide greater clarity and structure on allowances for teachers and appointment in acting capacities.

Led by Committee Chair, Hon. Julius Melly, Members engaged stakeholders including the Teachers Service Commission, Kenya Union of Post Primary Education Teachers (KUPPET), the Attorney General, and representatives from the National Treasury.

One of the key proposals in the Bill is to amend Section 11 of the TSC Act by inserting a new clause (fa) requiring the Commission, “in consultation with the Salaries and Remuneration Commission (SRC), [to] facilitate payment of allowances to teachers in the manner set out in the Fourth Schedule.”

Lawmakers’ noted that the clause seeks to formalize various teacher allowances, including house allowance, commuter allowance, hardship allowance for teachers in gazetted hardship areas and special duty allowance for teachers acting in administrative capacities or deployed to arid and semi-arid lands currently covered in the TSC’s regulations.

Teachers Service Commission opposed the amendments, arguing that the proposed clauses are already covered under the TSC Code of Regulations (CORT).

“These allowances are already provided for under the Code of Regulations for Teachers. Including them in the Act would create legal duplicity,” said the TSC Deputy Director Legal Services, Mr. Allan Sitima in a submission to the Committee.

“Responsibility allowances were scrapped following SRC’s advisory. We cannot reintroduce them without breaching the constitutional mandate of the SRC,” Mr. Sitima added.

KUPPET supported the Bill but recommended enhancing it further to safeguard teachers’ rights through collective bargaining.

“We propose an amendment stating that the TSC, in consultation with SRC and after negotiations with teachers’ unions, shall facilitate the payment of allowances,” said Hon. Omboko Milemba, MP and KUPPET official.

KUPPET also pushed for clauses to ensure risk allowances for teachers exposed to unsafe environments and enhanced pay for those with postgraduate qualifications.

Members of the Education Committee considered New Section 32A on Acting Appointments which proposes allowing TSC to appoint teachers in acting capacities for a minimum of 30 days and a maximum of six months, provided they meet the prescribed qualifications.

Hon. Clive Gesairo expressed concern regarding reports of a large number of teachers serving in acting capacity without any allowances for a long period of time.

“There are too many teachers in acting positions without formal appointments or acting allowances,” said Hon. Rebecca Tonkei. “It’s unfair. We must protect them.”

Hon. Nabii Nabwera demanded that the TSC submit comprehensive data on all teachers serving in acting capacities and whether they are being remunerated accordingly. “We want to know the numbers, the cost, and if the budget covers this,” he said.

On acting allowances, KUPPET argued that the amendment would protect teachers from arbitrary decisions and ensure fair compensation.

“We have teachers who have acted in senior positions for many years without allowances. This Bill will provide legal protection and clarity,” said Hon. Omboko Milemba and KUPPET representative.

Public Service Commission, Legal Representative Ms. Jacqueline Mamina noted that allowances should be based in regulations which can easily be amended as needed. “If allowances are domiciled on Regulations, which are more flexible in terms of amendments. If you place them in the law, we would have to every time we want to add allowances or to remove would have to go through this regular process,” she added.

In their submission, the Attorney General’s office noted that passing the Bill in its current form would require amending or deleting overlapping provisions in existing regulations.

“There’s a need to harmonize the Bill with current subsidiary legislation to avoid inconsistencies,” a representative advised the Committee.

Committee Chair, Hon. Julius Melly requested National Treasury to submit a detailed financial analysis to understand the budgetary implications of the proposed allowances.

“While we acknowledge TSC’s operational mandate, the Committee is also keen to entrench accountability and fairness in the teaching service,” said Hon. Melly.

The Committee on Education is expected to review the Teachers Service Commission (Amendment) Bill, 2024 prepare and table its report in the House.

KENYA UNION OF POST PRIMARY EDUCATION TEACHERS (KUPPET)

SUBMISSION TO THE NATIONAL ASSEMBLY COMMITTEE ON EDUCATION AND RESEARCH CONCERNING THE TSC ACT AMENDMENT BILL.

Justifications of the Proposed Amendments to the Teachers Service Commission Amendment (TSC) Bill, 2024

1. Ensures Fairness and Equity in Salary Determination

When salaries and allowances are determined through collective bargaining with teachers’ unions, it creates a more objective and predictable system and provides a legal protection for teachers. This process allows for transparent negotiations over compensation, leading to enforceable agreements that provide stability for educators and their families. It also helps reduce arbitrary or unilateral decisions by the employer, ensuring fairness and equity across the teaching workforce. Negotiations based on mutual interest encourage joint problem-solving, leading to agreements that address the needs of both parties.

2. Ensure equity in allowances.

Risk allowance clause into the bill is a justified and necessary measure to address the real and present risks faced by teachers. It will not only improve their welfare and job satisfaction but also enhance the overall quality and stability of the education sector. Teachers are exposed to hazardous materials and they require the compensation. Teachers with post-graduate qualification require a remuneration that suits there qualification.