Teachers Service Commission Act

Section 1. Short title Section This Act may be cited as the Teachers Service Commission Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Chairperson" means the Chairperson of the Commission appointed under the Constitution and section 8 ; "Commission" means the Teachers Service Commission established under Article 237 of the Constitution; "head teacher" means the lead educator or administrator in a primary school level educational institution appointed by the Commission as such and responsible for the implementation of the educational policy guidelines and professional practices; "learner" means a person undergoing instruction in an educational institution; "member" means a member of the Commission appointed in accordance with the Constitution and section 8 of this Act; "principal" means the lead educator or administrator in a post-primary school level educational institution appointed by the Commission as such and responsible for the implementation of educational policy guidelines and professional practices; "register" means the register of teachers as provided for by section 24 ; "Secretary" means the Secretary to the Commission appointed by the Commission under Article 250(12) of the Constitution in accordance with the pro...

Section 3. Incorporation of the Commission Section 3(1)(a) acquire, hold, charge and dispose of movable and immovable property; and Section 3(1)(b) do or perform all such other things or acts for the proper discharge of its functions under the Constitution and this Act as may lawfully be done or performed by a body corporate. Section 3(2) The headquarters of the Commission shall be in the capital city, but the Commission shall establish offices in each county.

Section 4. Guiding principles Section be guided by the national values and principles of governance under Article 10 and the values and principles of public service under Article 232 of the Constitution, taking into account the best interests of the child under Article 53 of the Constitution; and

Section 5. Membership of the Commission Section 5(1) The Commission shall consist of a Chairperson and eight other members appointed in accordance with the Constitution and the provisions of section 8 . Section 5(2) The Chairperson and members of the Commission shall serve on a fulltime basis for a non-renewable term of six years.

Section 6. Qualification for appointment of Chairperson and members Section 6(1)(a) holds a degree in education from a university recognized in Kenya; Section 6(1)(b) has knowledge and experience of at least fifteen years in matters relating to education and training; and Section 6(1)(c) meets the requirements of Chapter Six of the Constitution. Section 6(2)(a) holds a degree from a university recognized in Kenya; Section 6(2)(b) education; Section 6(2)(b)(i) education; Section 6(2)(b)(ii) governance; Section 6(2)(b)(iii) management; or Section 6(2)(b)(iv) law; and Section 6(2)(c) meets the requirements of Chapter Six of the Constitution. Section 6(3) In appointing members of the Commission, the President shall ensure that at least two-thirds of the members have experience in education.

Section 7. Disqualification from membership Section is a serving member of Parliament or County Assembly;

Section 8. Procedure for nominations and appointment Section 8(1) Within fourteen days of the commencement of this Act, or whenever a vacancy arises in the Commission, the President in consultation with the Prime Minister shall by notice in the Gazette declare a vacancy and constitute a selection panel for the purpose of selecting suitable candidates for appointment as the Chairperson or member of the Commission. Section 8(2)(a) a Chairperson not being a public officer appointed by the President; Section 8(2)(b) the Cabinet Secretary in the Ministry responsible for matters relating to education or his representative; Section 8(2)(c) the Attorney-General or his representative; Section 8(2)(d) the Cabinet Secretary in the Ministry responsible for public service or his representative; Section 8(2)(e) one person nominated by the Federation of Kenya Employers; Section 8(2)(f) two persons, one man and one woman, nominated by the registered trade unions representing the interests of registered teachers; Section 8(2)(g) one person nominated by a recognised association of private schools; and Section 8(2)(h) a prominent educationist not serving in Government appointed by the Cabinet Secreta...

Section 9. Oath of office Section The Chairperson, members and the Secretary shall each make and subscribe before the Chief Justice the oath or affirmation set out in the First Schedule.

Section 10. Vacancy Section 10(1)(a) dies; Section 10(1)(b) by a notice in writing addressed to the President resigns from office; Section 10(1)(c) is convicted of a criminal offence and sentenced to a term of imprisonment of not less than six months; or Section 10(1)(d) is removed from office in accordance with Article 251 of the Constitution. Section 10(2) The President shall notify every resignation, vacancy or removal as the case may be in the Gazette within fourteen days of such vacancy. Section 10(3) Where a vacancy occurs in the membership of the Commission under subsection (1), the appointment procedure provided for in section 8 shall with necessary modifications, apply. Section 10(4) A member appointed under subsection (3) shall serve for a non-renewable term of six years.

Section 11. Functions of the Commission Section formulate policies to achieve its mandate;

Section 12. Powers of the Commission Section 12(1) The Commission shall have all powers necessary for the execution of its functions under the Constitution and this Act. Section 12(2)(a) may inform itself in such manner as it considers appropriate; Section 12(2)(b) may receive written or oral statements from members of the public; Section 12(2)(c) may require the attendance of a person before it or its committee; and Section 12(2)(d) shall not be bound by the strict rules of evidence.

Section 13. Committees of the Commission Section 13(1) The Commission may from time to time establish such committees as may be necessary for the better carrying out of its functions and the exercise of its powers. Section 13(2) Without prejudice to the generality of subsection (1), the committees may deal with issues relating to recruitment, promotion, dispute resolution and discipline of registered teachers. Section 13(3) The Commission may co-opt into the membership of committees established under subsection (1) any person whose knowledge and skills are necessary for the proper performance of the functions of the Commission. Section 13(4) A person co-opted under subsection (3) may attend the meetings of the committee and participate in its deliberations but shall have no right to vote at the meeting. Section 13(5) In addition to the committees established under subsection (1), the Commission shall constitute a consultative committee on the terms and conditions of service of registered teachers employed by the Commission. Section 13(6)(a) a Chairperson who shall be an experienced educationist appointed by the Commission; Section 13(6)(b) a member of the Commission; Section 13(6)(...

Section 14. Units of the Commission Section 14(1) The Commission may create within itself such directorates, divisions or units and appoint thereto such staff in accordance with the Regulations. Section 14(2) Each directorate, division or unit created under subsection (1) shall act in accordance with the mandate approved by the Commission and directives given in writing by the Secretary.

Section 15. Conduct of the affairs of the Commission Section 15(1) The business and affairs of the Commission shall be conducted in accordance with the Second Schedule. Section 15(2) Except as provided in the Second Schedule, the Commission may regulate its own procedure. Section 15(3) The Commission may invite any person to attend any of its meetings and to participate in its deliberations, but such a person shall no right to vote at the meeting.

Section 16. Appointment and duties of the Secretary Section 16(1) The appointment of the Secretary to the Commission under Article 250(12) of the Constitution shall be through a competitive recruitment process. Section 16(2)(a) is a citizen of Kenya; Section 16(2)(b) holds a degree in education from a university recognized in Kenya; Section 16(2)(c) has had at least ten years’ experience in education, administration and management, public administration, human resource or financial management; and Section 16(2)(d) meets the requirements of Chapter Six of the Constitution. Section 16(3) A person appointed as a Secretary under subsection (1) shall be a State officer. Section 16(4) The Secretary shall hold office for a term of five years but shall be eligible for re-appointment for one further term of five years. Section 16(5) The Secretary shall, in the performance of the functions and duties of office, be responsible to the Commission. Section 16(6)(a) the head of the secretariat; Section 16(6)(b) the accounting officer of the Commission; Section 16(6)(c) the custodian of all records of the Commission; and Section 16(6)(d) executing decisions of the Commission; Section 16(6)(d)(i) e...

Section 17. Removal of the Secretary Section 17(1)(a) inability to perform the functions of the office arising out of physical or mental infirmity; Section 17(1)(b) gross misconduct or misbehavior; Section 17(1)(c) incompetence or neglect of duty; Section 17(1)(d) a violation of the Constitution; or Section 17(1)(e) any other ground that would justify removal from office under the terms and conditions of service. Section 17(2)(a) sufficient notice of the allegations made against him or her; and Section 17(2)(b) an opportunity to present his or her case against the allegations, either in person or by a legal representative.

Section 18. Secretariat and staff of the Commission Section 18(1) There shall be a secretariat of the Commission which shall be headed by the Secretary. Section 18(2) In addition to the professional, technical and administrative staff appointed by the Commission under Article 252(1)(c) of the Constitution, the Government may, upon the request by the Commission, second to the Commission such number of public officers as may be necessary for the purposes of the Commission. Section 18(3) Further to subsection (2), the Commission may second its staff to other national government institutions at the request of those institutions. Section 18(4) A public officer seconded to the Commission shall, during the period of secondment be deemed to be an officer of the Commission and shall be subject only to the direction and control of the Commission. Section 18(5) The staff of the Commission may be appointed subject to its approved establishment. Section 18(6)(a) persons with disabilities; and Section 18(6)(b) regional and ethnic diversity of the people of Kenya.

Section 19. The common seal of the Commission Section 19(1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept in the custody of the Secretary and shall not be used except on the order of the Commission. Section 19(2) The affixing of the seal shall be authenticated by the Chairperson and the Secretary or any other person authorized in that behalf by a resolution of the Commission. Section 19(3) The common seal of the Commission when affixed to a document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Commission under this section shall be presumed to have been duly given.

Section 20. Delegation by the Commission Section Subject to this Act, the Commission may, either generally or in particular case, delegate to any committee or to any member, officer, staff or agent of the Commission the exercise of any of the functions of the Commission under this Act.

Section 21. Legal proceedings against the Commission Section 21(1) Proceedings against the Commission shall be deemed to be proceedings against the Government and shall be subject to the Government Proceedings Act ( Cap. 40 ). Section 21(2) Any notice or other processes in respect of legal proceedings under subsection (1) shall be served upon the Secretary to the Commission.

Section 22. Protection from personal liability Section 22(1) No matter or thing done by a member of the Commission or any officer, staff or agent of the Commission shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Commission, render the member, officer, staff or agent personally liable to any action, claim or demand whatsoever. Section 22(2) The provisions of subsection (1) shall not relieve the Commission of the liability to pay compensation or damages to any person for any injury suffered by them their property or any of their interests and arising directly or indirectly from the exercise of any power conferred by this Act or by the failure, whether wholly or partially, or from any works.

Section 23. Commission to register teachers Section 23(1) The Commission shall, in accordance with Article 237 of the Constitution, be responsible for the registration of trained teachers in the teaching service. Section 23(2) A person shall not engage in the teaching service unless such person is registered as a teacher under this Act.

Section 24. Register of teachers Section 24(1)(a) the names and addresses of every teacher registered under this Act; Section 24(1)(b) the qualifications in respect of which the registration is granted; and Section 24(1)(c) such other particulars as may from time to time be prescribed by the Commission. Section 24(2) A register kept under this section shall be a public document.

Section 25. Application for registration Section 25(1) A person who qualifies to be registered as a teacher under this Act may apply to the Commission in the prescribed manner. Section 25(2)(a) certified copies of certificates and other documents as are necessary to prove the applicant’s qualification for registration; and Section 25(2)(b) the prescribed fee. Section 25(3) Where the Commission declines to register a person under this section, the Commission shall within thirty days notify that person in writing, stating the grounds for the decision.

Section 26. Qualifications for registration as a teacher Section is of good moral character; and

Section 27. Grounds for refusal to register Section does not possess the prescribed qualifications;

Section 28. Certificate of registration Section 28(1) The Commission shall issue to every teacher who is registered under this Act a certificate of registration in the prescribed form. Section 28(2) A certificate of registration issued under this section shall be under the seal of the Commission.

Section 29. Correction of register Section 29(1) The Commission may, from time to time and as soon as is reasonably practicable make such alterations to the register as are necessary to correct any error in the particulars entered in the register. Section 29(2) An alteration under subsection (1) may be made by the Commission on its own motion or at the request of an interested party.

Section 30. Removal of name from the register Section 30(1)(a) who has died; Section 30(1)(b) who the Commission is satisfied has obtained registration through fraudulent means; Section 30(1)(c) who has been convicted of a sexual offence or an offence against a pupil or student; Section 30(1)(d) who has been convicted of a criminal offence which, in the opinion of the Commission, renders the person unfit to be a teacher; Section 30(1)(e) who the Commission has directed should be removed as a result of disciplinary proceedings instituted under this Act; or Section 30(1)(f) suffers from such physical or mental illness or infirmity which renders the person incapable of performing the duties of a teacher. Section 30(2) The Commission shall cause the name and particulars of a teacher whose name is removed from the register under subsection (1) to be published in the Gazette within one month from the date of such removal. Section 30(3) Subject to the provisions of this 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. Section 30(4) Where the name of any teacher is removed...

Section 31. Reinstatement of name in the register Section 31(1)(a) the removal of that teacher’s name from the register be confirmed; or Section 31(1)(b) the name of the teacher be restored in the register. Section 31(2) An application under subsection (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.

Section 32. Publication of the register Section 32(1) The Commission shall cause to be published and publicized annually, in an accessible manner, a list containing the names, addresses and qualifications of all registered teachers appearing on the register as at the thirty first day of December in the previous year. Section 32(2) Notwithstanding subsection (1), the Commission shall cause any alterations in the entries in the register which have been made since the last publication, to be published one month from the date of such alteration.

Section 33. Discipline of registered teachers Section 33(1) The Commission may, subject to the regulations made under this Act, take disciplinary action against any person registered as a teacher under this Act. Section 33(2) Subject to subsection (1), the discipline of teachers not in the employment of the Commission shall be limited to offences leading to removal from the register of teachers.

Section 34. Disciplinary action Section 34(1) A registered teacher shall be deemed to be a teacher in the teaching service, save as otherwise provided in this Act or any other law, and shall be subject to the law and regulations from time to time in force in respect of the service. Section 34(2) Disciplinary offences include the offences prescribed in the Third Schedule or any other relevant law. Section 34(3)(a) issue a warning letter; Section 34(3)(b) surcharge; Section 34(3)(c) suspend for such period not exceeding six months; Section 34(3)(d) cancel a registration certificate and remove the name of the teacher from the register; Section 34(3)(e) retire in the public interest; Section 34(3)(f) dismiss; Section 34(3)(g) terminate services; or Section 34(3)(h) undertake any other lawful action as it may consider appropriate.

Section 35. Compliance with teaching standards Section 35(1) 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. Section 35(2)(a) require every registered teacher to undertake career progression and professional development programmes as may be prescribed by regulations made under this Act; Section 35(2)(b) require every registered teacher to take out a teaching certificate as prescribed by regulations made under this Act; Section 35(2)(c) enter into agreements with any institution, body, department or agency of the Government pursuant to its functions and powers prescribed under this section; and Section 35(2)(d) appoint an agent or designate a member or staff of the Commission who may enter any educational institution and make an enquiry in that regard. Section 35(3)(a) undertake a prescribed career and professional development programmes; or Section 35(3)(b) take out a teaching certificate under section 35 (2)(b) of this Act,

Section 36. Funds of the Commission Section 36(1)(a) monies allocated by Parliament for purposes of the Commission; Section 36(1)(b) grants, gifts, donations or other endowments given to the Commission; Section 36(1)(c) such funds as may vest in or accrue to the Commission in the performance of its functions under this Act or under any other written law. Section 36(2) The receipts, earnings or accruals of the Commission and the balances at the close of each financial year shall not be paid into the Consolidated Fund, but shall be retained for purposes of the Commission under this Act.

Section 37. Remuneration and allowances Section 37(1) The salaries and allowances payable to, and other terms and conditions of service of the Chairperson and members of the Commission shall be determined by the Salaries and Remuneration Commission. Section 37(2) The staff of the Commission recruited by the Commission under Article 252(1)(c) of the Constitution shall serve on such terms and conditions as the Commission, in consultation with the Salaries and Remuneration Commission may determine. Section 37(3) The registered teachers recruited by the Commission under Article 237(2)(b) of the Constitution shall serve under such terms and conditions as the Committee established under section 13 (5) of this Act in consultation with the Salaries and Remuneration Commission may determine.

Section 38. Annual estimates Section 38(1) Before the commencement of each financial year, the Commission shall cause to be prepared estimates of the revenue and expenditure of the Commission for that year. Section 38(2) The annual estimates shall make provision for all the estimated expenditure of the Commission for the financial year concerned. Section 38(3) The Cabinet Secretary responsible for finance shall present the estimates approved by the Commission under subsection (2) for consideration and approval by the National Assembly.

Section 39. Financial year of the Commission Section The financial year of the Commission shall be the period of twelve months commencing on the first of July and ending on the thirtieth of June of the subsequent year.

Section 40. Accounts and audit Section 40(1) The Commission shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission. Section 40(2)(a) statement of the income and expenditure of the Commission during that year; and Section 40(2)(b) statement of the assets and liabilities of the Commission on the last day of that financial year. Section 40(3) The annual accounts of the Commission shall be prepared, audited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Audit Act ( Cap. 412B ).

Section 41. Annual report Section 41(1)(a) the financial statements of the Commission; Section 41(1)(b) a description of the activities of the Commission; and Section 41(1)(c) any other information relating to its functions that, the Commission may consider necessary. Section 41(1A) The Commission shall submit the annual report in subsection (2) to the President and Parliament within six months after the end of the year to which it relates. Section 41(2) The Commission shall cause the annual report to be published in the Gazette and publicised and such other manner as the Commission may determine. [Act No. 19 of 2023 , Sch.]

Section 42. Management of information Section 42(1) The Commission shall publish and publicise any important information within its mandate affecting the nation. Section 42(2) A person may request for information in the public interest. Section 42(3)(a) shall be addressed to the Secretary or such other person as the Commission may for that purpose designate; Section 42(3)(b) may be subject to the payment of a reasonable fee in instances where the Commission incurs an expense in providing the information; and Section 42(3)(c) may be subject to confidentiality requirements of the Commission. Section 42(4)(a) the request is unreasonable in the circumstances; Section 42(4)(b) the information requested is at a deliberative stage by the Commission; Section 42(4)(c) the applicant fails to pay the prescribed fee; or Section 42(4)(d) the applicant fails to satisfy any confidentiality requirements imposed by the Commission. Section 42(5) The right of access to information under Article 35 of the Constitution shall be limited to the nature and extent specified under this section. Section 42(6) Every member and staff of the Commission shall sign a confidentiality agreement.

Section 43. Publicity Section the location of all its offices; and

Section 44. Offences Section 44(1)(a) procures or attempts to procure the entry of any name on the register by willfully making or producing or causing to be made or produced, either orally or in writing, any declaration, certificate or representation which the person knows to be false or fraudulent; or Section 44(1)(b) falsely or fraudulently holds himself or herself out to be a registered teacher, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months, or to both. Section 44(2)(a) without reasonable justification or other lawful excuse, obstruct or hinder, or threaten a member or staff or agent of the Commission in the course of duty under this Act; Section 44(2)(b) submit false or misleading information; or Section 44(2)(c) make false misrepresentation to or knowingly mislead a member or staff of the Commission acting under this Act. Section 44(3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year or to both.

Section 45. General penalty Section Any person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine of not less than one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 46. Review Section A person who is aggrieved by a decision of the Commission under this Act may apply to the Commission for review of that decision.

Section 47. Regulations Section 47(1)(a) the appointment, discipline and removal of staff of the Commission; Section 47(1)(b) the form and method of keeping the register and records under this Act; Section 47(1)(c) the conditions of admission to and removal from the register and of the issuance of registration and teaching certificates; Section 47(1)(d) management and administration of the function of discipline of those in the teaching service; Section 47(1)(e) the manner of compliance with prescribed teaching standards; Section 47(1)(f) guidelines on the qualifications of persons entering the teaching service; Section 47(1)(g) administration of career progression and professional development programmes for registered teachers; Section 47(1)(h) the standards and conditions of professional practice of persons registered under this Act; Section 47(1)(i) the fees payable in respect of registration and any other matter under this Act; Section 47(1)(j) the disposal of fees collected, the authorization of such disbursement as may be necessary, and the management of any funds within the control of the Commission; Section 47(1)(k) operations and procedures of a committee; and Section 47(1...

Section 48. Code of conduct Section The Commission shall develop a code of conduct for its members and staff and registered teachers.

Section 49. Repeal ofCap. 212 Section The Teachers Service Commission Act, No. 2 of 1967 is repealed.

Section 50. Saving and transition Section 50(1) Notwithstanding section 49 , a person who immediately before the commencement of this Act, was a staff of the Teachers Service Commission under the repealed Act, shall continue to hold or act in that office as if appointed to that position under this Act. Section 50(2) Every contract entered into before the commencement of this Act shall continue to be in force to the extent that the terms and conditions of the contract are not inconsistent with the provisions of this Act. Section 50(3) All proceedings and decisions subsisting before the commencement of this Act by virtue of the repealed Act, shall after the commencement of this Act be deemed as subsisting under this Act. Section 50(4) All property which immediately before the commencement of this Act was vested in the Teachers Service Commission shall, at the commencement of this Act, vest in the Commission subject to all interest, liabilities, charges, obligations and trusts affecting such property. Section 50(5) All matters relating to pensions, gratuities and retirement benefits of teachers in the employment of the Commission shall be governed by the law relating to pensions.