The worst news that a teacher can receive from the Teachers Service Commission, TSC, is that on dismissal. You will be very unlucky if TSC decides to get you off the register and sends you a dismissal letter.
Committing serious TSC offences may land you in hot soup. However, dismissal of a teacher is not that easy because it must follow the due TSC discipline process.
When the Commission decides to dismiss you, your details will be gazetted and your name removed from the TSC register. You also lose all accrued benefits including pensions.
WHAT CAN LEAD TO DISMISSAL OF A TEACHER BY TSC?
A teacher may be removed from the Register if the teacher commits or engages in any of the following-
(a) immoral behavior with or towards a learner which may include but not limited to-
(i) sexual intercourse or sexual abuse;
(ii) sodomy;
(iii) lesbianism; and
(iv) sexual harassment or flirtation.
(b) obtains registration or employment or promotion through fraudulent means;
(c) is convicted of any sexual offence or an any other offence against learner or a fellow member of staff;
(d) is convicted of a criminal offence which, in the opinion of the Commission, renders a person unfit to be a teacherl
(e) forgery, impersonation, presenting forged documents to the Commission;
(f) mismanagement, misappropriation and embezzlement of public funds;
(g) theft of property belonging to an educational institution or
(h) incitement.
Below is a sample of a TSC dismissal letter;
TSC LETTER ON REMOVAL FROM THE REGISTER OF TEACHERS
RE: NOTICE OF REMOVAL FROM THE REGISTER OF TEACHERS
Pursuant to the hearing of your discipline case on… …..,……..,I am directed by the Teachers Service Commission to say that as a result of proceedings under Section 33 of the Teachers Service Commission Act, No. 20 of 2012, the Commission has determined that your name be removed from the Register of Teachers with effect from … …for the following reasons: (insert reasons)
You have a right of Review against the decision which must be exercised within ninety (90) days of the date of this notice. Any application for Review must conform to the Kenya Subsidiary Legislation, 2015 t22t provisions of Regulation 155 of the Code of Regulations for Teachers and should be submitted to the Secretary, Teachers Service Commission, Private Bag -00100, Nairobi.
If, on expiry of ninety (90) days from the date of this notice, no application has been made as aforesaid or if the application is withdrawn or dismissed, your name will forthwith be removed from the Register of Teachers.
I draw your attention to Section 23 (2) as read together with Section 30 (5) of the Act to the effect that “a teacher whose name has been removed lrom the Register shall cease to be a teacher for the purposes of this Act with effect lrom the date of such removal and shall not engage in the teaching service”.
Your attention is further drawn to Section 3l (2) of the Act, which provides that, an application for reinstatement to the Register of Teachers will only be considered by the Commission after eighteen ( I 8) months from the date of removal.
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