TSC opposes bill that seeks to more allowances to Teachers

The Teachers’ Service Commission (TSC) has expressed its opposition to a proposal by Members of Parliament (MPs) to increase allowances for teachers. On Thursday, May 29, 2025, the education committee, led by Tinderet MP Julius Melly, discussed amendments to the TSC Act aimed at clarifying and structuring teacher allowances and acting appointments. The MPs argued that it is unjust for the TSC to appoint teachers to acting roles without compensation.

The discussions included various stakeholders, such as TSC representatives, the Kenya Union of Post Primary Education Teachers (KUPPET), the Attorney General’s office, and the National Treasury. A significant proposal from Mandera South MP Abdul Haro seeks to amend Section 11 of the TSC Act to require the commission, in consultation with the Salaries and Remuneration Commission (SRC), to facilitate the payment of teacher allowances as outlined in the Fourth Schedule.

The MPs noted that this clause aims to formalize several types of allowances for teachers, including housing, commuting, hardship allowances for those in designated difficult areas, and special duty allowances for teachers in administrative roles or assigned to arid regions, which are already addressed in TSC regulations.

However, the TSC opposed the amendments, claiming that these allowances are already included in the TSC Code of Regulations (CORT). TSC Deputy Director of Legal Services Allan Sitima stated that including them in the act would lead to legal redundancy. He also mentioned that responsibility allowances were eliminated based on SRC guidance and cannot be reinstated without violating the SRC’s constitutional authority.

KUPPET supported the bill but suggested further enhancements to protect teachers’ rights through collective bargaining. MP Omboko Milemba, who chairs KUPPET, proposed an amendment requiring the TSC, in consultation with the SRC and after negotiations with teachers’ unions, to facilitate allowance payments.

The union also advocated for provisions to ensure risk allowances for teachers in unsafe environments and increased pay for those with postgraduate degrees. The Education Committee reviewed a new section, 32A, regarding acting appointments, which would allow the TSC to appoint teachers in acting roles for a minimum of 30 days and a maximum of six months, provided they meet specific qualifications.

MP Clive Gesairo raised concerns about numerous teachers serving in acting roles without allowances for extended periods. Narok woman representative Rebecca Tonkei emphasized the need to protect these teachers, stating that it is unfair for them to be in such positions without proper compensation.

KUPPET argued that the proposed amendment would safeguard teachers from arbitrary decisions and ensure fair pay. Milemba highlighted that many teachers have acted in senior roles for years without receiving allowances, and the bill would provide necessary legal protection and clarity.

Jacqueline Mamina, a legal representative from the Public Service Commission, pointed out that allowances should be based on regulations that can be amended as needed, rather than being enshrined in law. She noted that placing them in legislation would require a lengthy process for any future adjustments.

Representatives from the Attorney General’s office suggested that the bill should align with existing TSC laws and regulations to prevent overlapping provisions. Melly requested a detailed financial analysis from the National Treasury to assess the budgetary impact of the proposed allowances, stating that while the committee acknowledges TSC’s operational role, it is also focused on ensuring accountability and fairness in the teaching profession.