Tag Archives: LATEST TSC NEWS 2021

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TSC teachers salary over payment and recoveries

Did you receive more salary from the Teachers Service Commission (TSC) this month, than you had expected? This may be probably an error if you did not anticipate a salary increment and it may be as a result of a salary over payment. It is important to note, though, that the Commission can increase your salary after a promotion, salary increment in a CBA phase and in case of arrears; among other scenarios.

TSC recovers all salary over payments to teachers. A salary over payment occurs when a teacher, past or present, receives money to which he/she is not entitled.

An over payment may be the result of late advice to payroll, incorrect or misinterpreted advice by the officer’s responsible, late reporting of changes affecting a teacher’s pay, incorrect documentation and processing or system error among others.

Salary over payment may also occur for a variety of reasons ranging from absence and desertion of duty, exit of employment, professional misconduct resulting to a disciplinary process, involvement in criminal activities leading to court action, administrative errors, untimely processing of official leave such as study leave and sick leave among others.

Although over payments may occur through no fault of the employee concerned, the Commission has an obligation to recover such over payments and manage funds efficiently and effectively in accordance with the Financial Management Act regardless of the cause of the overpayment and to recover any amount paid to an employee to which they were not entitled with or without their consent until amount is repaid in full.

It is good for you to understand that over payment of salary and subsequent recovery of over payments will impact on your future earnings and put you into a serious financial strain. You should therefore exercise due diligence by notifying the employer about any incorrect payment once identified, refund the money or negotiate and agree to a repayment plan within a reasonable time frame.

To be on the safe side, upon discovery of salary over payment, you are supposed to notify the Commission immediately and refund the extra salary. Over payment is computed as gross earnings less statutory deductions where applicable and not on net pay.

Related news;

Summary of situations that can cause salary over payment for teachers.

S/N Cause for salary over payment Description on how salary over payment is determined
1 Absence Overpayment shall be computed as basic salary for the number of days the employee is absent. There shall be no reductions with any statutory deduction.
2 Desertion Overpayment shall be computed as basic salary plus all allowances less statutory deductions to give the net overpayment.
3 Resignation If an employee resigns while on probation, s/he shall be give seven (7) days’ notice or pay equivalent of seven (7) days’ salary in lieu of notice. If an employee resigns after probation, one (1) months’ notice shall be given in writing or payment of one (1) month’s salary in lieu of notice.
4 Transfer of service Any employee who is offered employment in the public service shall be required to submit the following documents: An application in writing, A copy of the appointment letter and A clearance certificate. Upon submission of the above requirements, the Commission shall issue last pay certificate and a formal release letter.
5 Retirement Salary overpayment may occur if an employee remains on payroll after compulsory retirement. It is recorded as basic salary plus allowances less statutory deductions. Any employee who may wish to retire voluntarily from service shall be required to give three months’ notice in writing or pay one month’s salary in lieu of notice.
6 Death A salary overpayment may occur if a teacher remains on payroll after death. It and shall be computed from the next day after the date of death until date of removal from payroll. However, the house allowance for the month of death shall be paid in full.
7 Economic Crimes and other serious offences Any employee who is confined in lawful custody shall not be entitled to any payment during that period. However, after being charged with the offence in the court of law, s/he shall be suspended from work from the date they were charged and shall be entitled to half (½) basic salary, medical allowance and house allowance. Any overpayment that occurs during this period shall be computed if an employee is on payroll on full salary after the date of the charge.
8 Professional Misconduct This includes but is not restricted to negligence of duty, insubordination, infamous conduct and exam irregularities. Once an employee has been interdicted for any of these offenses, s/he is entitled to half (½) basic salary plus house allowance until the determination of the case. Any overpayment that occurs shall be computed if an employee is paid full pay during the period of interdiction
9 Other offences These include but not restricted to immoral behaviour, misappropriation or mismanagement of funds, use of fake certificates, forgery, impersonation, collusion and chronic absenteeism. Any employee interdicted for these offenses shall not be entitled to any pay hence put on zero salary. Any overpayment that occurs if an employee remains on payroll after the interdiction date shall be computed on full basic salary plus all allowances less statutory deductions.
10 Leave The Commission may grant different types of leaves to its employees that include annual leave, sick leave, study leave, special leave, compassionate leave, maternity and paternity leave. An overpayment may occur if an employee remains on payroll after failing to report back for assignment of duties upon expiry of the specified leave. This overpayment shall be computed as basic salary plus allowances less statutory deductions.

 

Detailed explanations on circumstances when salary over payment may occur

Absence

Over payment shall be computed as basic salary for the number of days the employee is absent. There shall be no reductions with any statutory deduction.

Desertion

Over payment shall be computed as basic salary plus all allowances less statutory deductions to give the net over payment.

Exits from Service

An over payment may occur if an employee remains on payroll after the date of exit from service due to resignation, transfer of service, dismissal or retirement. An over payment shall be recorded as basic salary plus allowances less statutory deductions.

(a) Resignation

  • If an employee resigns while on probation, s/he shall be give seven (7) days’ notice or pay equivalent of seven (7) days’ salary in lieu of notice.
  • If an employee resigns after probation, one (1) months’ notice shall be given in writing or payment of one (1) month’s salary in lieu of notice.

(b) Transfer of service

Any employee who is offered employment in the public service shall be required to submit the following documents:

  • An application in writing.
  • A copy of the appointment letter.
  • A clearance certificate.

Upon submission of the above requirements, the Commission shall issue last pay certificate and a formal release letter.

(c) Retirement

  • Salary overpayment may occur if an employee remains on payroll after compulsory retirement. It is recorded as basic salary plus allowances less statutory deductions.
  • Any employee who may wish to retire voluntarily from service shall be required to give three months’ notice in writing or pay one month’s salary in lieu of notice.

(d) Death

A salary over payment may occur if a teacher remains on payroll after death. It and shall be computed from the next day after the date of death until date of removal from payroll.

However, the house allowance for the month of death shall be paid in full.

(e) Economic Crimes and other serious offences

Any employee who is confined in lawful custody shall not be entitled to any payment during that period. However, after being charged with the offence in the court of law, s/he shall be suspended from work from the date they were charged and shall be entitled to half (½) basic salary, medical allowance and house allowance.

Any over payment that occurs during this period shall be computed if an employee is on payroll on full salary after the date of the charge.

(f) Professional Misconduct

This includes but is not restricted to negligence of duty, insubordination, infamous conduct and exam irregularities. Once an employee has been interdicted for any of these offenses, s/he is entitled to half (½) basic salary plus house allowance until the determination of the case.

Any over payment that occurs shall be computed if an employee is paid full pay during the period of interdiction.

(g) Other offences

These include but not restricted to immoral behavior, misappropriation or mismanagement of funds, use of fake certificates, forgery, impersonation, collusion and chronic absenteeism. Any employee interdicted for these offenses shall not be entitled to any pay hence put on zero salary.

Any over payment that occurs if an employee remains on payroll after the interdiction date shall be computed on full basic salary plus all allowances less statutory deductions.

Leave

The Commission may grant different types of leaves to its employees that include annual leave, sick leave, study leave, special leave, compassionate leave, maternity and paternity leave.

An over payment may occur if an employee remains on payroll after failing to report back for assignment of duties upon expiry of the specified leave. This over payment shall be computed as basic salary plus allowances less statutory deductions.

(a) Sick leave

In a case where an employee is on a prolonged sickness, the sick leave shall be granted as follows:

  • First three (3) months the employee to granted full pay,
  • Next three (3) months the employee to be granted ½ basic salary with full allowances,
  • After six (6) months the employee to be granted sick leave without pay
    until resumption date.

An over payment shall be computed where the above conditions are not adhered to.

(b) Study leave without pay

Salary over payment may occur if an employee remains on payroll after proceeding on unpaid study leave. Such an over payment shall be computed on basic salary plus all allowances from the date the teacher stops teaching until date of removal from the payroll.

How TSC prevents Salary Over payment

The Commission has adopted various preventive, control and recovery strategies as well as sanctions to mitigate the risk of incurring salary over payments. These strategies are explained below.

1. Prevention strategies

The Commission shall implement the following preventive mechanisms to minimize occurrence of salary over payments:

  • Regularly sensitize secretariat staff and heads of institution about their roles and responsibilities in curbing salary over payments.
  • Induction of all newly employed secretariat staff and heads of institution on their roles and responsibilities in the prevention and control of salary over payments.

2. Control strategies

The Commission has put in place appropriate internal control measures to reduce the occurrence of salary over payments, which include but not limited to compiling and timely submission of the entry and exit reports for immediate action.

The following strategies shall apply:

(a) Payroll verification
  • Human Resource and Personal Emolument shall verify IPPD DCSs information against pay entries on payroll to ensure that there are no salary over payments.
  • IPPD shall carry out pre-audit of the payroll to detect anomalies before processing of the payroll.
(b) Payroll cleansing

The commission shall update and maintain TIMIS data on real time basis in order to validate teachers’ payroll.

3. Segregation of duties

The commission shall assign various activities to different officers in order to create checks and balances.

4. System access rights

The systems shall have access rights assigned to different personnel according to their responsibilities.

5. Data analysis

Analysis of prevalence of causes of salary overpayments shall be done and reports on findings shared with the management for decision making.

6. Risk management

Service areas shall identify risks in their processes, propose and implement mitigation measures.

7. Internal audit

The directorate of internal audit shall conduct periodic audits to:

  • Give assurance to the Board on the effectiveness of internal controls put in place.
  • Ensure that management undertakes annual review of controls to monitor and address emerging issues.

How TSC recovers salary over payments

The teachers’ employer has adopted various strategies to redeem salary over payments, which include but not limited to:

  • Recovering salary over payments of at least 1/3 of the basic salary for all employees on payroll and ensuring each employee retains 1/3 of their basic salary as their net pay.
  • Full recovery of all outstanding over payment from salary arrears and any balance thereof through the payroll.
  • Use of pay increment and/or salary adjustment to adjust the rate of recovery of salary over payment.
  • Notifying employee upon discovery of any over payment by use of a demand letter.
  • Initiating proceedings to follow up salary over payments from employees who have exited service.
  • Recommending for write-off for any irrecoverable over payment in accordance with Section 157 of the Public Finance Management Act, 2015. These shall include the Commission secretary being satisfied that:
    a. Reasonable steps are taken to recover the losses and that the loss is irrecoverable.
    b. Further efforts to recover the loss would be uneconomical:
    c. It would be to the advantage of the Commission to effect a settlement of its claim or waive the claim.

Note: If the employee leaves the commission before all the over payment has been recovered, the full amount of any outstanding balance will immediately become due and payable in accordance with the government regulations.

All TSC employees shall be expected to exercise trust and act in good faith whenever over payment occurs. Lack of good faith will be implied if an employee who is aware of an over payment:

  1. Suppressed a material fact that affected the amount payable;
  2. Deliberately or carelessly failed to ensure that relevant information affecting the amount payable was received by the Commission;
  3. Knowingly failed to bring an overpayment to the Commission’s attention;
  4. Failed to make enquires or check employment particulars with the Commission when they could reasonably have done so;
  5. Failed to notify the Commission of an obvious error;
  6. Failure to act in good faith shall be considered as a serious offence that could lead to disciplinary action and criminal proceedings.

 Disciplinary action over salary over payments

Disciplinary action shall be taken against any employee found culpable of causing an over payment of salary in accordance with the Code of Regulation for Teachers and Human Resource Policies and Procedure Manual for secretariat staff (2018).

Regulation 168 of CORT and 134 (5) Human Resource Policies and Procedure Manual for secretariat staff stipulates that a head of institution or supervisor who fails to report an employees’ exit shall be liable to disciplinary action and surcharged to the extent of any loss occasioned to the commission.

In order to institute a surcharge against any employee who cause salary overpayments, the following guidelines shall apply:

  • Where salary over payments have been declared irrecoverable, the Commission shall recover the amount in full from the employee(s) who occasioned the loss.
  • Where the salary over payment is recoverable, a surcharge equal to the Central Bank interest rate may be levied.
  • Whereupon Director Human Resource Management and Development (HRM&D) and/or Director, Field Services (FS) find an employee/staff culpable of causing salary over payments, the matter will be referred for disciplinary action.

The Commission in collaboration with other State Agencies may recommend institution of criminal proceedings against ANY suspected employees and their accomplices.

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TSC News Portal

The new TSC payslips portal (tpay.tsc.go.ke)

TSC Latest News- The Teachers Service Commission (TSC) has issued guidelines on the new Tpay system. This is after the commission moved teachers from the former payslip.tsc.go.ke/ to the new portal at tpay.tsc.go.ke.  

Newly employed teachers who are not yet registered on the TPAY system can register
at the County Office.

HOW TO RESET YOUR T-PAY PASSWORD.

In an event you forget your T-pay password, you have no reasons to be worried. Remember, you can reset your Tpay password by using the simplified steps below;

  1. You access the TPAY portal and click on the “Reset Password” button.
  2. You will then be prompted to enter your TSC number and click on the “Reset
    Password “button.
  3. From the “Reset Password “window you will be prompted to enter an “OTP (One Time Password) Code “that they receive via their mobile, “New Password “and confirmation of the password.
  4. Once done with the step above you can now login and access their TPAY account.
    NB: Always remember to keep your passwords confidential.

Read also; TSC new online payslip portal at https://tpay.tsc.go.ke/

NEW MENU INTRODUCED ON THE NEW T-PAY PORTAL.

You can now get a number of new items in the T-pay portal. The ‘My Documents’ tab is one of the new menu introduced on the much improved payslips portal.

The new T-pay menu is very user friendly and contains the following menu:

The new T-pay menu.
TSC News Portal

TSC registration portal for new teachers- Step by step guide

NEW TSC TEACHER REGISTRATION PORTAL

Welcome to the official TSC online system. Apply for new teacher registration,here.

Important Notes for Applicants (TSC Does Not Accept Paper Applications).

1.   All sections of this registration application MUST be completed in full.
2.   Please fill in all the required information.
3.   It is a serious offence to willfully give false information to the Teachers Service
Commission. The law provides that any person convicted of the offence may
be fined up to Ksh 100,000 or imprisoned for Twelve (12) months or both
(Section 44 of TSC Act No. 20 of 2012).
4.  You can save part of this form and complete it on a later time if necessary.
5.  Scan and Attach Only the  Required Documents:
a. Only original documents should be scanned and uploaded.
b. For Expatriate Teachers, attach a letter of clearance from Ministry of Education
Vetting Committee.
6.  For New Registration a non refundable fee of Kshs. 1055/- deposited to the TSC Registration Account
National Bank of Kenya (Direct Banking to A/C No. 01001000905001 or Simple
Banking using Pay Bill Business Number 625625 is required for processing your certificate.
Ensure you have Bank Deposit Slip before proceeding with the application.

7.  For Duplicate Certificate Application a non refundable fee of Kshs. 2055/- deposited to the TSC Registration Account
National Bank of Kenya Direct Banking to A/C No. 01001005707400.
Ensure you have Bank Deposit Slip before proceeding with the duplicate certificate application.

KINDLY NOTE THAT AS FROM 1ST SEPTEMBER 2017 REGISTRATION FEES WILL BE KSHS 1055/-
AND APPLICATION FOR DUPLICATE CERTIFICATE WILL BE KSHS 2055/-

New Registration For Kenyan Citizens

Fill in the following and Click Next Page Button to Continue

 
 Cancel

REQUIRED DOCUMENTS FOR NEW TEACHER REGISTRATION

Before you proceed with the application,ensure that you have the following mandatory requirements:

  1. A valid Certificate of Good Conduct.
  2. Relevant professional and academic certificates from institutions recognized in Kenya.
  3. A copy of your National ID Card or Passport.
  4. 1 passport size photo.
  5. A copy of your KRA Pin Certificate.
  6. Duly filled GP69 form TSC (Medical Form).
  7. A deposit slip showing that you have paid the TSC registration fee (Non-refundable).

Note: You should deposit the fee of shs. 1055.00 to the following TSC account:

  • Account name: TSC registration account number
  • Bank name: National Bank of Kenya
  • Account number: 01001000905001

You can also pay the fees via TSC Pay Bill Number 625625.

You may also like; TSC registration qualifications and TSC number application online (Complete step by step guide)

How to apply for a new TSC number/Certificate : Step-by-step Guide

Registration for a TSC number is purely done online. To successfully apply for your TSC number/ certificate, follow the easy steps below;

  1. Visit the official TSC online system at https://teachersonline.tsc.go.ke/. 
  2. In the new window, click the ‘New Teacher registration’ tab as shown in the image below;

  1. You will be redirected to a new window as shown below;

  1. Scroll down and Type your national ID no. and surname. Then click next.
  2. Again,you will be redirected to a new window as shown below;

  1. Fill all the asked for details then click Next. For category select ECDE, Primary, or Post-Primary (for secondary). Remember to select your Mean Grade and the Year you sat for the KCSE/EACE/KACE etc.
  2. Now you’ll be brought to this screen. Enter the remaining information (scroll down) and edit as required.

  1. Now you come to the second last stage and here you will be uploading the other documents.

  1. Upload each of your documents (start by entering the applicable certificate details- Institution, from, to, specialization, certificate number, etc.) then finish by clicking the add file button as shown.
  2. Click save documents to get an opportunity to upload your next document.

Note: Compress your documents (the cyber guy can help) since the portal won’t accept documents bigger than 1MB.

The documents will be displayed nicely on the screen one after another in the order you upload them. Remember to press Save documents after each upload.

  1. When you’re done, click

Note: Here you can only upload 3-4 certificates. The rest you will upload in the next screen (as shown below).

This time you will be selecting the type of document then typing a small description and lastly pressing on Choose file.

  1. Continue uploading. Here you can upload between 6-8 documents so I would advise you merge documents like transcripts in one PDF file because they’ll be too many.
  2. To cut the long story short, proceed to upload everything.
  3. You’ll finally come to a page where you’ll be asked about the subjects studied and information such as whether you have ever been dismissed from the service. On the same page, you shall be asked to type the payment information (payment mode) and Pay-in-slip number. Type the information.

  1. Save your work and finalize after entering the details in all the required fields (click the button below there as indicated by the arrow).

CHECKING YOUR TSC REGISTRATION PROCESSING STATUS, ONLINE

It is now time to monitor the status of your application online. Click on the link below;

KNEC News Portal, TSC News Portal

Latest TSC message to teachers on AON medical cover

Teachers employed by TSC get a medical cover from AON. The cover is for both inpatient, outpatient and other medical needs. To benefit from the cover, a teacher is supposed to update his/ her details on the AON portal.

For your dependants to also benefit from the cover their details must also be updated on the portal. It is notable that some teachers are yet to update details of their dependants. This has forced TSC to send a communique to the affected teachers.

“The TSC medical scheme requires you submit supporting documents for your dependants,” reads the TSC message in part.

according to the message the teachers have up to the 15th of June this year to ensure that the details are up to date.

SEE ALSO;

You can now easily and conveniently update your dependants’ details on the AON portal by following these simple steps:

Documents that should be uploaded include: Adoption document (for any adopted child), Birth Certificate/ Birth Notification for all registered children) and the change of Dependant document. Others are Change of details document; whenever an amendment is made to the originally declared information and a Marriage document/ Marriage certificate.

Also to be uploaded is a copy of your National Identity Card, Proof of Disability and Proof of school (A school ID is required). Please note that not all documents are required for everyone. Just upload documents that are appropriate in your case.

To upload the documents to the AON- Minet portal, use this simplified procedure;
  • First of all you will have to Scan the documents to be uploaded. Store these documents in a location that you can easily remember; either in your phone or computer.
  • Next, visit the official Minet upload portal by using the link; https://collaborationkenya.minet.com/tsc.
  • You will then have to enter your full name, mobile phone number and TSC Number. Then, give a brief description of the document to be uploaded.
  • Select the document to be attached and click on Choose file.
  • Finally, click on upload.
  • Repeat this procedure for all the required documents.
Related Content:
Featured, KNEC News Portal, TSC News Portal

Your ultimate guide to the Teachers Service Commission, TSC, website and portals: All TSC services online

The Teachers Service Commission, TSC, provides a wide range of services online. These services can be accessed by online users. The services are mostly accessible to teachers and TSC staff. Here are the services that the Commission offers online:

  Online tax deductions card (P)

Teachers and TSC Secretariat Staff can now access their P9 forms online alongside their payslips, through the TSC on-line service portal. Thus they do not have to wait for June to make their returns. They can now make their tax returns as early as January of every year. To access this service click on; https://payslip.tsc.go.ke/login.php

TSC Website (www.tsc.go.ke):

The Commission has a vibrant website where key activities of the Commission are posted as they happen. The website is also a key resource centre where teachers and the public easily access information on the services offered by the Commission. From the Website;

  • • Teachers can download various documents such as The Code of Regulations for Teachers, circulars and Gazette notices.
  • • Teachers can access and apply for advertised posts,
  • • Retired teachers whose pension claims have been processed and forwarded to the Director of Pensions are notified through the website.
  • • Papers presented during the First Teachers Conference that was recently concluded can be accessed through the website. To access the TSC Website click on this link; http://www.tsc.go.ke

More articles on Education matters;

Teachers online (www.teachersonline.go.ke)

  • i). Teacher registration

The Commission is mandated to register trained and qualified teachers before they engage in any teaching services in the country. Through the Commission’s online system, applicants upload the requirements for registration. The Commission processes registration within 30 days and a registration certificate is issued. The status of the application is also provided in the online system. Click here to access the Teacher Registration Portal; https://tsc.go.ke/index.php/our-services/teacher-registration/registration

  • ii). T-Pay (payslip.tsc.go.ke)

Teachers can now view their latest pay information by accessing their pay slips online. The system also provides a function for teachers to send their latest pay slip to 30 parties such as banks, Saccos, amongst others, to facilitate acquisition of a loan. Access the service by clicking on; http://payslip.tsc.go.ke

  • iii).Teacher Performance Appraisal and Development (TPAD)

Teachers Performance Appraisal is now done online. The Commission is in the process of reviewing the online performance appraisal so as to make it more user friendly. The Commission has now created a new TPAD portal. Click here to get the service; http://tpad2.tsc.go.ke

  • iv). Wealth declaration:

Teachers and TSC secretariat staff are required to declare Income, Assets and Liabilities in accordance to the public Officer Ethics Act 2003. This can now be done through the TSC Website under the teachersonline link at; https://tsconline.tsc.go.ke

  • v). Teacher Management Information System (TMIS)

Effective teacher management requires use of accurate and up to date data. In response to this the Commission has developed an online data collection and analysis system- Teacher Management Information System (TMIS). Data is collected at the source which includes the school, TSC county offices, and the headquarters and is uploaded on the system. TMIS ensures there is a centralized source of data hence eases access of data. Get the service by clicking https://tsconline.tsc.go.ke

Use of email to enhance communication.

The Commission’s email services continue to be a key channel of communication that teachers and other clients use to make enquiries. This provides clients with a channel that enables them to reach the Commission at a click of a button. Clients can reach the Commission wherever they are, without having to travel to any of the Commission’s offices.

Commission’s social media platforms

The Commission’s social media platform, Facebook page (TSC KENYA) and twitter handle (http://@TSC_KE) are interactive platforms where teachers and other clients interact easily with the Commission. The Commission uses the platforms to post and share events as they happen and also bring to the attention of our clients’ urgent information meant for their attention. You are all encouraged to use the platforms to reach the Commission on any issue that you may have.

Also read;

Bulk SMS

The bulk SMS platform has enabled the Commission deliver time- sensitive notifications, and other important information directly to the mobile phones of teachers and Secretariat Staff. TSC is now able to send out invitations to teachers for interviews, discipline hearings and cordial messages such as Christmas, Idd Ul Fitr, Easter, New Year’s. It has also been integrated with other systems to give instant feedback such a successful completion of a job application, registration amongst others. The Bulk SMS presents a more cost effective way of communicating to employees as opposed telephone calls or sending letters.

Human Resource Management Information System (HRMIS)

This was developed to enable the Commission manage its human resource. Secretariat Staff now apply for leave, undertake performance appraisal and access medical scheme administration services such as updating their profiles, adding beneficiaries and give feedback about services in hospitals. They also can initiate card replacement and check referral hospitals in the various towns and regions. The use of technology-based service channels, have improved service delivery greatly by reducing the human interface and providing timely response, accessibility and efficiency. Teachers no longer need to leave their stations to access services. They are able to access them even through their personal phones. I wish to assure you the Commission is committed to automating its services to provide real time services to the teachers and the public.

Important links:

TSC News Portal

TSC CBA for teachers 2021-2026

TSC latest news on 2021-2025 CBA: The Teachers Service Commission (TSC) has reached a number of agreements in its engagement with the Kenya Union of Post Primary Education Teachers (Kuppet) concerning the 2021-2025 Collective Bargaining Agreement.

According to Kuppet, classroom teachers will ‘reap big’ from the new CBA after receiving a raw deal in the previous one. See the latest presser from Kuppet on the 2021-2026 CBA talks at the Naivasha retreat in March 2021.

KENYA UNION OF POST-PRIMARY EDUCATION TEACHERS PRESS STATEMENT AT THE CONCLUSION OF THE KUPPET-TSC RETREAT AT THE NAIVASHA SAWELA HOTEL FROM 14 TO 18 MARCH 2021

KUPPET has held a very fruitful four-day retreat with the Teachers Service Commission to resolve policy and administrative challenges of the 2016-2021 CBA and review the status of negotiations for the new one for 2021-2026. This was the second retreat between KUPPET and the TSC, the first one having taken place in October/November 2019.

During the talks, it was clear that the union and the employer had undertaken their responsibilities under the CBA process. What remains is for the Salaries and Remuneration Commission to give its Advisory to the TSC to enable the employer to table a counter offer to the union. We are seriously concerned by this delay by SRC, since the expiry of the current CBA on 30 June is fast approaching.

1. NEW CBA TO GIVE TRUE WORTH OF CLASSROOM TEACHER

KUPPET and the TSC have developed new Job Descriptions capturing the true worth of a classroom teacher. The new Job Descriptions recognise the teachers’ leadership and technical work within and outside the classroom, which had been ignored by the evaluation tool previously used by the SRC.

There are up to 30 new roles of the classroom teacher, including:
(i) Class management
(ii) Substantial financial responsibility during outdoor activities like tours and sports.

In the new CBC curriculum, a teachers’ work will even be more complex.

2. PROMOTION OF C3 TEACHERS AND TTC TUTORS

The Job Re-Evaluation has resulted in the creation of a new opening in C4 for Senior Master IV and Senior Lecturer IV for those in TTCs who do not have administrative positions. At the moment, the Commission has advertised 6,680 vacancies for these cadres as the first step towards institutionalising C4 as a promotional grade from C3.

Under the CBC, the TTC tutors will be training teachers at the Diploma level, hence the repositioning of their roles. Administrators in TTCs including Deans and Registrars will have a clear career path with substantive appointments.

3. DIPLOMA TEACHERS

The career path for Diploma Teachers has been clarified. By the commencement of the 2016 CBA on 8 November 2017, more than half of teachers who had joined service at Job Group had obtained Bed degrees and transited to the Graduate Scheme of Service.

Among those who had not, those who had served for more than three years in one Job Group had been promoted to the next Job Group, i.e., Job Group k or L, under the common cadre promotions.

However, a small number of the teachers, who had served in one Job Group for less than three years, had their promotions following the scrapping of one common cadre promotional level. Following the union’s memorandums, the Commission has advertised positions specifically to this group of teachers. We understand that the Commission received fewer applicants than the number of vacancies it declared.

4. MATERNITY LEAVE FOR INTERN TEACHERS

The Commission agreed that, except for specific provisions of their contracts, all intern teachers will work under the same conditions as provided under the Code of Regulations for Teachers. The intern teachers qualify for maternity leave of 90 calendar days with effect from the expected date of delivery, as do other teachers.

5. POLICY ON POST-GRADUATE QUALIFICATIONS

The Commission agreed to suspend the requirement of a Master’s degree for Principals or other promotions within the teaching service. This is in line with regulations by the Public Service Commission which has scrapped the requirement of a Master’s degree for promotions at Job Group P and above. Post-graduate qualifications will be considered as an added advantage.

The union, however, demanded the introduction of a Post-Graduate Allowance for teachers who possess Master’s and PhD degrees irrespective of their position in service.

6. REDEPLOYMENT OF GRADUATE TEACHERS FROM PRIMARY

In readiness for the new CBC curriculum, the Commission will promote 1,000 graduate teachers who initially had P1 qualifications to secondary schools every financial year. By June 30, it shall have redeployed 2,000 of such teachers, and the redeployment will continue until the numbers are fully addressed. The teachers must have obtained a KCSE mean grade of C+ and C+ in two teaching subjects.

7. TEACHERS’ MEDICAL SCHEME

The meeting observed the numerous problems teachers face in accessing health services under the Medical Scheme. It was agreed that an inter-parties meeting between the TSC, Minet and KUPPET would be held soon to discuss the issues and recommend solutions.

KNEC News Portal, TSC News Portal

Here are the open TSC Teacher Interns’ vacancies; Apply today

The Teachers Service Commission, TSC, Lamu County invites applications from suitably qualified candidates to fill 67 teacher internship posts for Primary Schools.

Interested candidates, who meet the required qualifications, should make their applications to TSC County Office Lamu on or before Monday 6th January, 2020.

Eligibility for Internship

Eligible candidates should meet the following basic requirements:

  • i. Be Kenyan Citizen;
  • ii. Have original academic and professional certificates;
  • iii. Be unemployed and has not previously been employed by the Commission
    on permanent terms;
  • iv. Must be registered as per the TSC ACT 2012;
  • v. Be a holder of a P1 Certificate for Primary Schools;
  • vi. Be ready to be posted to any public educational institution within Lamu County where their services are required;
  • vii. Must have a Personal Accident Insurance to cover for personal risks during the internship period;

In addition to the above, successful interns shall be required to produce;

  • i. A valid Certificate of Good Conduct;
  • ii. National Identity Card (ID) or copy of passport and a copy of KRA PIN Certificate;
  • iii. Two (2) coloured passport size photographs;
  • iv. Teacher Registration Certificate.

Here are links to the most important news portals:

Duration of Internship

The Internship period will be twelve (12) months.

Remuneration

This is not a remunerative position. However, interns attached to Primary Schools are entitled to a monthly stipend of Kshs. 10,000 (This stipend is subject to statutory deductions where applicable).

Also read:

KNEC News Portal, TSC News Portal

TSC to get real time school attendance by all teachers through Biometric Registration

Daily School attendance by all teachers will now be monitored by the Teachers Service Commission (TSC), in real time. This is after the Teachers Service Commission, TSC, announced that it will roll out the Biometric registration of all teachers in May this year. Once completed, the Commission shall then install Biometric gadgets in schools for teachers to clock in and out. Currently, teachers manually sign in and out of school.

The electronic registration of teachers will therefore expose teachers who miss lessons without written permissions. This enlisting of teachers is also expected to help the Commission to balance the teaching staff since it will unravel the imbalances across all public schools.

“We shall ensure optimal utilization of teachers and also balance areas that we shall feel are not well covered,” said Ibrahim Mumim (the TSC Director in charge of Administrative Services) on Thursday; during a stakeholders’ consultative meeting in Nairobi.

STAKE HOLDERS SUPPORT NEW MOVE

FOR A COMPLETE GUIDE TO ALL SCHOOLS IN KENYA CLICK ON THE LINK BELOW;

Here are links to the most important news portals:

The meeting was attended, by among others, the Kenya National Union of teachers (KNUT) boss Wilson Sossion who supported these new developments.

“We shall support this program in totality… we are happy that the TSC is engaging us at the beginning.. It is only a mad man who can refuse and oppose a program of this nature that is supposed to help in planning,” said Sossion.

This comes even as the Commission gives a raft of measures to curb teachers’ absenteeism. Read full details here; TSC in a move to ensure all lessons are attended by teachers

The electronic capture of the tutors will help the TSC to plan for the exit and replacement of aging teachers.

LINKS TO TSC SERVICES & DOCUMENTS; ONLINE
TEACHERS TO HANDLE MORE LESSONS

The Teachers Service Commission, TSC, is in a new bid to ensure maximum utilization of all teachers is achieved. Reports from the Electronic registration of all teachers that is expected to kick off in May, 2020, will help the Commission realize this object. Teachers should handle a minimum of 32 lessons of 40 minutes per week. This would translate to some 22 hours per week in line with the TSC staffing norms. The internationally recommended class size is 40 students per teacher.

IMPORTANT TSC FORMS AND DOCUMENTS
  1. CAREER PROGRESSION GUIDELINES: CAREER PROGRESSION GUIDELINES
  2. CIRCULAR ON CAREER PROGRESSION: CIRCULAR ON CAREER PROGRESSION
  3. EMPLOYMENT FORM: EMPLOYMENT FORM
  4. LEAVE FORM: LEAVE FORM
  5. PATERNITY LEAVE FORM: PATERNITY LEAVE FORM
  6. STUDY LEAVE FORM: STUDY LEAVE FORM
  7. GP 69 MEDICAL EXAMINATION FORM: GP 69 MEDICAL EXAMINATION FORM
  8. SICK LEAVE FORM: SICK LEAVE FORM
  9. SICK SHEET FORM: SICK SHEET FORM
  10. TSC- KUPPET CBA: TSC- KUPPET CBA
  11. TSC-KNUT CBA: TSC-KNUT CBA
  12. PROMOTION FORM: PROMOTION FORM
  13. TRANSFER FORM:TSC TRANSFER APPLICATION FORM
KNEC News Portal, TSC News Portal

More pay for teachers, employees as TSC pays April salaries; Tax relief factored in

The Teachers Service Commission, TSC, has finally paid April salaries for teachers. The salaries, that usually hit teachers’ accounts from 22nd of every month, were delayed this month as the Commission waited to configure income tax in line with the new regulations.

The teachers, just like other employees in Kenya, have something to smile about as there is a marginal increase in their salaries after President Uhuru Kenyatta signed into law the Tax Laws (Amendment) Bill, 2020. The coming of this bill is part of measures instituted by the government to cushion the public against effects of the Covid-19 pandemic. Read details here; Employees to get increased salaries as President Kenyatta Assents To The Tax Laws (Amendment) Bill, 2020

In the new tax regime, employees earning less than Sh28,000 per month have been awarded a 100 per cent Pay As You Earn (Paye) tax relief. While those earning above the Sh28,000 have received a Paye tax reduction of between 30 and 25 per cent.

The new income tax bands as released by the Kenya Revenue Authority, KRA.

Read also:
TSC News Portal

TSC goes fully digital, unveils new online platform for teachers

The Teachers Service Commission, TSC, has moved to provide most of its services via its online platform. Teachers seeking transfers will now file their applications online as opposed to the manual application process. Other services that have been fully made available online are applications for promotions and new teacher registration.

These latest developments come at a time when TSC has completed digitizing teachers’ documents.

In its 2019-2023 Strategic Plan, the Commission identified Reforms and Innovation in the provision of teaching services as its strategic focus area aimed at improving service delivery to its employees and stakeholders. In this regard, the Commission has successfully migrated services related to recruitment and promotions of teachers to an online system.

Accordingly, there will be no manual applications for recruitment and promotion of teachers with effect from 1 st March, 2021.

Consequently, applications for transfer shall be accessed through the Commission’s website at www.tsc.go.ke as per the attached schedule while the mode and manner of application for both recruitment and promotion will be communicated in the adverts whenever there is a vacancy.

Further, the Commission has introduced an e-platform for official emails, virtual meetings and remote learning. The platform targets all teachers employed by the Commission and those undergoing internship programmes.

The new platform will be used in the following instances: –

  • For official communication between the Commission and teachers including transmission of official letters, Circulars, Pay-slips and responses to teachers’ inquiries among others.
  • To promote the usage of e-learning at no cost.
  • To support and promote the usage of virtual meetings. Institutions can therefore use the platform to hold virtual meetings while teachers will be able to create peer groups to carry out learning activities including mentoring and coaching.

See also; TSC online portal; https://teachersonline.tsc.go.ke/

Implementation Process

All Heads of Institutions and teachers including those on internship are required to activate their email accounts provided on the platform and use it for all communications to the Commission. The official email will take the format of the teacher’s name, the last two digits of the TSC number @mwalimu.tsc.go.ke.

The detailed procedure on how to activate the system can be accessed through the Commission’s website.

The Commission’s ICT field officers will be available to assist in the activation of the accounts. Heads of Institutions may use the ICT champions to sensitize teachers in their institutions and provide any needed technical support.

In addition to an official personal account, heads of institutions are to open a separate head-of-institution email. This address will be available to subsequent heads of institutions for continuity.

Heads of institutions shall update the teachers official email address and registered personal mobile phone number in the Teacher Management Information System (TMIS) within 30 days after all teachers in the institution have activated their emails.

Further, users may seek help on activation of the email, virtual meetings and remote learning through the following address; emailactivation@tsc.go.ke. All other normal queries and/or issues, to be sent to info@tsc.go.ke.

Effective Date

The exercise of activating the emails takes effect from 15th February, 2021 and will close on 30th April, 2021. Upon the expiry of the registration window, all emails outside the e-platform shall not be acted upon.

Remember to get all TSC news here; TSC News Portal.

TSC News Portal

TSC Code of Conduct and Ethics for all Teachers

THE TEACHERS SERVICE COMMISSION (CODE OF CONDUCT AND ETHICS FOR TEACHERS) REGULATIONS.

ARRANGEMENT OF REGULATIONS

PART I —PRELIMINARY
I —Citation.
2 —Interpretation.
3—Application of Code.

PART 11— REQUIREMENTS
4—Compliance.
5 —Rule of law.
6 —Public trust
7 —Fundamental rights and freedoms.
8 — Nepotism or favouritism.
9— Duty to protect children.
10—Integrity.
I I —Conduct of duties.
12—Profesionalism.
13 — Conflict of interest.
14 —Confidentiality.
15 — Care of public property
16—Political activity.
17 — Improper enrichment.
18—Donations.
19—Proffesional advice.
20—Misleading information.
21 —Evaluation of learners.
22—Sexual relations with learners.
984 Kenya Subsidiary Legislation, 2015
23— Sexual harrassment.
24—Relations with fellow employees and the public.
25—Pornography.
26—Prohibited drugs and psychotropic substances.
27 —Financial dealings and private affairs.
28 —Official dealings.
29 —Canvassing for favours in service.
30—Endorsing of private activities.
31 —Civil and charitable activities.
32—Private tuition.
33 —Acting for foreigners.
34—Acting through other s.
35 —Subversive association.
36—Declarations of income, assets and liabilities.
3 7 —Reporting.
38 —Investigations.
39—Reporting Authority.
40 —Breach of this Code.
41 —Review of this Code.

Appendix—Staff Integrity Pact
Form A – Report of Gifts Received
For B-Declaration of Conflcit of Interest
Kenya Subsidiary Legislation, 2015 985

THE TEACHERS SERVICE COMMISSION ACT
(No. 20 of 2012)

IN EXERCISE of the powers conferred by section 48 of the Teachers Service Commission Act, (No. 20 of 2012) and section 37 (1) as read together with section 52(l) of the Leadership and Integrity Act, 2012, the Teachers Service Commission makes the following Regulations:—

THE CODE OF CONDUCT AND ETHICS FOR TEACHERS, 2015

PART I —PRELIMINARY

1.This Code may be cited as the Code of Ethics for Teachers, Citation. 2015.
2. In this Code, unless the context otherwise requires— Interpretation.

“Act” means the Leadership and Integrity Act, 2012;

“asset” means a thing, tangible or intangible, owned, whether wholly or in part, or controlled by a teacher, which has an actual or determinable economic value and can be sold, exchanged or otherwise used or applied to meet an obligation or acquire something else in return;

“bid rigging” refers to a benefit that is given or received for not submitting a tender, proposal, quotation or bid; or withdrawing or changing a tender, proposal, quotation or bid; or submitting a tender, proposal, quotation or bid with a specified price or with any specified inclusions or exclusions;

“conflict of interest” refers to instances when a teacher’s personal interest clashes with his or her official duties;

“client” means a person to whom services are rendered by a teacher and includes learners, parents and other members of the public;

“employer” means a person, institution or entity that engages the services of a teacher;

“harmful sexual activity” means any act of a sexual nature that may cause physical, emotional or psychological torture which includes but not limited to flirtation, sodomy, sexual intercourse, lesbianism, defilement, indecent touching, rape, sexual assault;

“leamer” means a person undergoing instruction in an educational institution;

“pornography” means explicit depiction of sexual subject matter electronically or otherwise;

“pornographic materials” includes but not limited to material such as literature, photography, or other printed or visual material depicting sex organs or sexual activity in a way that is designed to arouse sexual excitement, erotic stimulation rather than education;

“teacher” means a person who has been trained as a teacher as provided for in law and registered as a teacher;

“unethical behaviour” refers to any action or omission that contravenes the provisions, spirit and tenor of this Code; 986 Kenya Subsidiary Legislation, 2015

“values” refers to norms, principles and standards of behaviour depicted of a teacher as amplified by Articles 10 and 232 of the Constitution of Kenya and the Commission’s core values;

“Secretary” refers to the Chief Executive Officer of the Teachers Service Commission appointed pursuant to Article 250 (12) of the Constitution of Kenya;

“sex toy” means an object or device that is primarily used in facilitating human sexual pleasure;

“Sexual harassment” refers to an act by a teacher who persistent ly rfiakes any sexual advances or requests including gestures, cat calls, jokes or comments including innuendos, regarding another person’s sexuality if the person doing it knows or ought to know or has reasonable grounds to know, are unwelcome;

“subversive activity” means any act which by its nature, upsets Public order, peace and security and shall include anything done to endanger, undermine or is detrimental to public policy and interest; and

‘vacancy” means an existing and available post for recruitment, transfer and promotion at the Commission.

3. This Code shall apply to all registered teachers. Application.

PART 11 —REQUIREMENTS

Provisions of this Code.

4. (1) Every teacher has a responsibility to comply with the Compliance.

(2)Al I teachers shall ifi addition, comply with the provisions of the General Leadership and Integrity Code set out in Part 11 of the Act.

(3) The General Leadership and Integrity Code in paragraph (2) shall form part of this Code.

(4) All teachers shall abide by the guiding principles of 41 Leadership and Integrity set out under Chapter Six of the Constitution.

5. (1) A teacher shall respect and abide by the Constitution and Rule of law.
the law.

(^) A teacher shall carry out the duties of his or her office in
accordance With the law.

6. A teaher’s position is of public trust and the authority and Public trust. responsibility vested in his or her office shall be exercised in the best interest of the learners, institution and members of the public.

 freedoms.

7. (1) Every teacher shall res pect and uphold the personal rights Fundamental and freedoms of all persons As guaranteed in Chapter 4 of the lights and Constitution.

(2) Notwithstanding the generality of the provisions in Paragraph (1), a teacher in the performance of his duty shall not discriminate directly or indirectly against any person on any ground including, race, sex, pregnancy, marital status, health status, ethnic or Z_
social origifi, colour, age, disability, religion, conscience, belief,
Culture, dress, language or birth.
Kenya Subsidiary Legislation, 2015 987

8. A teacher shall not while performing his duty practice Nepotism or
nepotism, favoritism, tribalism, cronyism, religious bias or engage in favoritism.
corrupt or unethical practices.

9. (1) A teacher shall be entrusted with the duty of care of a Duty to prot^ct
child, including a child with special needs and. shall take all reasonable children.
steps to ensure the child is protected from abuse, neglect, harmful
cultural practices, all forms of violence, discrimination, inhuman
treatment, corporal punishment and exposure to hazardous or
exploitative labour.

(2) A teacher shall not deny learning materials or remedial
teaching services to a learner on account of their natural abilities.

10. (1) A teacher shall carry out his or her duties with honesty Integrity.
and impartiality and shall not allow family, social, political or other
relationships to influence his or her conduct or judgment.

(2) A teacher shall not use or lend the prestige of his or her
office to advance his or her private interest or those of others and shall
not knowingly convey or permit others to convey the impression that
4pyoneisin a special position to influence him or her.

(3,) A teacher shall not use his or her office to unlawfully or
wrongfully enrich himself or any other person or accept a personal loan
or benefit which may compromise the teacher in carrying out the
assigned duties.

(4) A teacher shall not misappropriate public funds.
11. A teacher’s assigned duties shall take precedence over all his Conduct of duties.
or her other activities and in the performance of these duties, the
following standards shall apply-
(1) maintainance of professional competence;
(2) adherence to the provisions of the Code of Regulations for
Teachers and this Code;
(3) patience, dignity, and courtesy to all stakeholders with
whom the teacher deals with in an official capacity;
(4) prompt, efficient, lawful, reasonable and procedural
fairness in the execution of responsibilities-,
(5) demonstration of honesty and impartiality
in
the conduct of
public affairs;
(6) non engagement in activities that amount to abuse of
office-,
(7) accuracy and honesty in representation of information to
the public,
(8) non engagement in wrongful conduct in furtherance of
personal benefit;
(9) prudent management of public resources; and
(10) maintenance of proper official records.
988 Kenya Subsidiary Legislation, 2015
12. (1) A teacher shall ensure that his or her private and public Professionalism.
conduct upholds the dignity and integrity of the teaching service.
(2) A teacher shall, at all times, be of good conduct whether or
not on official duty and shall, in particular-
(a) maintain a neat and decent standard of dressing which
befits the dignity and image of the teaching service;
(b) ensure that his or her appearance and personal hygiene is
not offensive to workmates or those they serve;
(c) observe official working hours, be punctual and meet
deadlines;
(d) not be absent from duty without proper authorization or
reasonable cause;
(e) develop and maintain relevant professional records to
enhance efficient and competent performance of duty;
(f) perform his or her duties in an efficient and competent
manner;
(g) exercise diligence, care and attention and seek to achieve
high standards of professionalism in the delivery of
services;
(h) practice and prom6te adherence to merit in appointments to
any position in the Commission with guiding principles
being qualifications, merit, competence and experience;
and
(i) seek to contribute and enhance the standards of
performance and level of professionalism in the teaching
service.
(3) A teacher shall actively and personally promote a culture in
the teaching service that aims at providing fast, friendly, responsive
and efficient service and shall be courteous to all persons in the
provision of such service.
(4) A teacher shall carry out his or her official duties in a manner
that inspires public confidence and integrity of his or her office.
(5) A teacher who is a member of another professional body shall
adhere, observe, and subscribe to the ethical and professional
requirements of that body.
13. (1) A teacher shall avoid being in a position in which his or Conflict of
her personal interests conflict with his or her duties. interest.
(2) A teacher shall neither participate in any tendering process
where his or her personal or proprietary interests conflict with his or
her duties and shall not award tenders to self, spouse, relatives,
business associate nor be involved in bid-rigging.
(3) A teacher shall disqualify himself or herself from any matter
where his or her impartiality might reasonably be questioned including
but not limited to instances in which —
Kenya Subsidiary Legislation, 2015 989
(a) a teacher has a personal bias, prejudice or interest over the
subject matter;
(b) a teacher or his or her family or a close connection has a
financial or any other interest that could substantially affect
the outcome of the matter in issue; or
(c) a teacher, or his or her spouse, or a person related to either
of them or the spouse of such a person or a friend or a
business associate is a party to the matter in issue.
(4) If any teacher is present at a meeting or any committee at
which any matter is the subject of consideration and in which matter
the person, the person’s spouse, relative or business associate is
directly or indirectly interested in a private capacity, that person shall
as soon as is practicable after the commencement of the meeting,
declare such interest and shall not take part in any consideration,
discussion or proceedings touching on the matter in question.
(5) Notwithstanding paragraph (4) , in cases where a teacher has
prior knowledge of the existence of a personal interest in the matter,
such a teacher shall declare his or her interest using the prescribed form
to the relevant authority and refrain from participation in the
deliberations with respect to the matter.
14. (1) A teacher shall ensure that confidential information or Confidentiality.
documents entrusted to his or her care are adequately protected from
improper or inadvertent disclosul.’e.
(2) A teacher shall follow the Commission’s Regulations,
procedures and directives for safeguarding information and documents
and shall not disclose any information in contravention of such
Regulations, procedures and directives.
15. (1) A teacher shall take all reasonable steps to ensure that Care of
public or institutional property in his or her custody, possession, or public and
institutional
control is taken care of and is in good condition. property .
(2) A teacher shall not use public or institutional property, funds
or resources at his or her disposal for activities that are not related to
his or her official work.
. (3) A teacher shall surrender to the issuing authority all public or
institutional property in his or her custody, possession, or control at the
expiry of the teacher’s appointment or upon transfer to another station.
16. (1) A teacher shall maintain political neutrality at all times Political activity.
and shall not act in a manner that may compromise or be perceived to
compromise his or her neutrality.
(2) A teacher shall serve impartially with loyalty, honesty and
objectivity regardless of the teacher’s political views.
(3) A teacher shall not— –
(a) act as an agent for, or further the interests of a political
party or candidate in an election;
990 Kenya Subsidiary Legislation, 2015
(b) manifest support for or opposition to any political party or
candidate in an election;
(c) engage in any political activity or campai gns that may
compromise or be seen to compromise the dignity of his or
her office; or
(d) use public or institutional resources for the furtherance of
any project for the purpose of supporting a candidate or
political party.
(4) A teacher who intends to contest an election shall retire Or
resign from service at least six months before the date of election.
17. (1) A teacher shall not use his or her office to improperly improper
enrich himself or others. enrichment.
(2) Without limiting the generality of paragraph(l), a teacher
shall-
(a) neither ask for, nor accept any property or benefit of any
kind, for himself or for any person, on account of anything
to be done, done or omitted to be done, by the teacher in
the discharge of his or her duties or by virtue of his or her
official position;
(b) not either directly or through family members, solicit or
accept any gifts, gratuity, hospitality, free passages or
favours from any person or any body corporate or
unincorporated that might reasonably be thought to
influence, or intended to influence, the teacher in the
performance of his or her duties.
(3) Where a gift or donation of the nature specified in paragraph
2 is given without the knowledge of the teacher or it would be
offensive to custom or good public relations to refuse the gift, such a
teacher may accept the gift provided that such acceptance shall not
unduly influence his or her decision in the performance of his or her
duty.
(4) Notwithstanding any other provisions of this paragraph to the
contrary, but subject to section 14(2) of the General Leadership and
Integrity Code, a teacher may accept-
(a) gifts which are occasional or in the form of a souvenir;
(b) personal gifts or donations from relatives or friends, on
such special occasions, as may be recognized by custom;
(c) gifts that are granted pursuant to a recognised institutional
reward system for performance; and
(d) non-monetary gifts given to him other in his or her official
capacity but not exceeding the value of twenty thousand
shillings.
18. (1) A teacher involved in the receipt and administration of Donations,
donations to an institution shall ensure that proper records are kept of
Kenya Subsidiary Legislation, 2015 991
the donations and that the donations are used for the purposes for
which they were given.
(2) A teacher who has reasonable grounds to believe that-
(a) proper records of any donations for the institution have not
been kept; or
(b) any donations for the institution have not been used for the
purposes for which they were given;
shall inform the Secretary or any other relevant authority.
19. A teacher who has a duty to give advice shall give honest, Professional
accurate, and impartial advice without fear or favor. advice.
20. A teacher shall not knowingly give false or misleading
information to members of the public or to any other teacher.
21. (1) A teacher shall evaluate learners honestly based oil their Evaluation of
performance. learners.
(2) A teacher shall ensure that internal and external examinations
are conducted fairly and without cheating.
22. (1) A teacher shall not— Sexual relation’s
(4) engage in any sexual activity whatsoever with a learner,
with learners.
regardless of whether the learner consents;
(b) make a request to, or exert pressure on.
a learner for sexual
activity or favour; or
(c) flirt with a learner.
(2) For purposes of this paragraph, a teacher shall not:-
(a) send learners to their personal residences for whatever
reason;
(b) induce, coerce, threaten or intimidate a learner in any way
and particularly in regard to their academic performance, in
exchange for sexual relations;or
(c) facilitate non disclosure or cover-up of cases of sexual
abuse against a learner.
(3) A teacher shall not;-
(a) release a learner from school for any reason before
notifying the parent or guardian; . Z, – , ,
(b) send a learner away from school earlier than 6.00am or
later than twelve noon expep( in cases of emergency.
23. (1) A teacher shall not— Sexual
harassment.
(a) sexually harass a fellow employee or members of the
public;
(b) persistently make requests or exert pressure for sexual
activity or favour which he or she knows or ought to know
is unwelcome; or
992 Kenya Subsidiary Legislation, 2015
(c) make intentional or careless physical contact that is sexual
in nature.
(2) It shall be the duty of the person alleging sexual harassment
to report the same to the relevant authority.
24. A teacher shall-
(a) treat fellow employees and the public with dignity, courtesy
and respect;
(b) avoid behavior that is unbecoming, abusive, belittling or
threatening to fellow employees or any member of the
public; and
(c) not bully or perpetrate offensive behaviour which is
vindictive, cruel, malicious or humiliating and is intended to
undermine a fellow employee or a member of the public.
Relations with
fellow employees.
25. (1) A teacher shall ensure that his or her station of work is Pornography.
free of pornography and pornographic material.
(2) A teacher shall not-
(a) supply pornographic materials to a fellow employee, a
learner or a member of the public;
(b) expose a learner to pornography, sexual toys or assist a
learner in obtaining access to the same;
(c) sell, let to hire, distribute, exhibit or in any manner put into
circulation; or
(d) make, produce or have in his or her possession any
pornographic book, pamphlet, paper, drawing, painting, art,
representation, figure or any other obscene object.
26. (1) A teacher shall not-
(a) supply illicit drugs, cigarettes, or alcohol to a learner;
(b) expose a learner to illicit drugs, cigarettes and alcohol; or
(c) assist a learner to access illicit drugs, cigarettes and
alcohol.
(2) A teacher shall —
(a) ensure that his or her work place is free from illicit drugs,
cigarettes and alcohol;
(b) not peddle or consume illicit drugs, cigarettes and alcohol
while on duty; or
(c) not report to work while under the influence of illicit drugs
or alcohol.
27. A teacher shall —
(a) live within his or her means and avoid incurring any
financial liability he or she cannot satisfy;
Prohibited drugs
and psychotropic
substances.
Financial dealings
and private
affairs.
Kenya Subsidiary Legislation, 2015 993
(b) not neglect his or her financial obligations or neglect to
settle them;
(c) not evade taxes;
(d) not use or lend the prestige of his or her office to sanction
or endorse his or her own private activities or the private
activities of any other person;
(e) conduct his or her private affairs in a way that inspires
public confidence in the integrity of his or her office-, and
(f) ensure that his or her private affairs do not interfere with
his or her official duties or affect the dignity of his or her
office and that the risk of conflict with non-official duties
is minimized.
28. A teacher shall —
(a) practice and promote the principles of equity,
inclusiveness, protection of the marginalized, integrity and
professional competency;
(b) not, knowingly and deliberately, withhold information that
is not protected with a view to disadvantage any person
including teaching vacancies or posts, promotions or other
official correspondence;
(c) not engage in private business during official working
hours; and
(d) not, if serving on a full time basis, engage in any other
gainful employment. Gainful employment for purposes of
this Code refers to, but is not limited to work that a teacher
may-
(i) pursue and perform for money or other forms of
regular compensation or remuneration;
(ii) perform which is inherently incompatible with his or
her official responsibilities;
(iii) perform and which results in the impairment of
judgment or conflict of interest;
(iv) perform and which affects the performance of his
official duties; or
(v) perform on a full time basis during official working
hours.
Official dealings.
29. A teacher shall not canvass or lobby, either directly or Canvassing for
indirectly, for any favours in the teaching service or in any other favours in service.
organization.
30. A teacher shall not use his or her position or title or any Endorsing private
authority associated with his or her office in a manner that could activities.
reasonably be construed to imply that the Commission or institution
sanctions or endorses any activities, either by him orher or by any other
person, that are not activities of the institution.
994 Kenya Subsidiary Legislation, 2015
31. (1) A teacher is part and parcel of the society in which he Civil and
orshe lives and whereas he or she should not be isolated, he orshe is charitable
activities.
expected to remain within dignified limits and to particularly —
(4) project a good image in the community where he or she
lives by participating appropriately in the communal
activities; and
(b) set a good example to the learners and the public by
obeying lawfully established authority and being law
abiding.
(2) A teacher may contribute towards or attend a public
collection but shall not;
(a) participate in such, a way as to reflect adversely on his or
her integrity or to interfere with the performance of his or
her official duties; and
(b) use his or her office to solicit for funds for public
collection.
3. 2. A teacher may engage in teaching or learning activities Holiday tuition.
outside normal school hours to promote education provided that he or
she shall not conduct holiday tuition.
33. (1) A teacher shall not, in a manner that may
be
detrimental Acting for
to the security interests of Kenya, be an agent for or further the foreigners.
interests of a foreign government, organization ,or individual.
(2) For the purpose of this paragraph:-
(a) An individual is deemed foreign if the individual is a noncitizen; and
(b) an organization is foreign if it is incorporated or registered
outside Kenya or if it is wholly or substantially owned by
a foreign government, organization or individual.
34. (1) A teacher who:- Acting through
other,,;.
(a) causes anything to be done through another person that
would, if done by the teacher,would be a contravention of
this Code; or
(b) allows or directs a person under his or- her supervision or
control, to do anything that is a contravention of this Code;
(c) would be in. breach of the provisions of this Code.
(2) Paragraph (1) shall not apply with respect to anything done
without the teacher’s knowledge, consent or the teacher took
reasonable steps to prevent it.
35, A teacher s , tall not subscribe to or be involved in ^ubversive
asspciations, sponsor oi- support a grou hat is proscribed or involved association.. p
jr. 1 any subversive activity.
36. A tea her e gage in publ d Ic service must i submit— Declaration of
income, assets
(4) an initial declaration within thirty days after employment; and liabilities.
Kenya Subsidiary Legislation, 2015 995
(b) a final declaration within thirty days after leaving
employm6ht; and
(c) bi-annual declarations as provided for in Part VI of the
Leadership and Integrity Act, 2012.
37. (1) If a teacher considers that anything required of him orher Repofting.
is a contravention of this Code or is otherwise improper, unethical or
unlawful, the teacher shall report the matter to an appropriate authority.
(2) Every teacher shall be under an obligation to report to the
appropriate authority any breach of the provisions of this Code.
(3) Such information received in respect of paragraph (2) shall
be dealt with in strict confidentiality with a view to protecting the
source.
38. (1) The Commission may investigate or cause to be investigations.
investigated any allegation of breach of this Code so as to determine
the veracity of such allegation.
(2) The Commission may carry out investigations on a teacher’s
improprieties on its own initiative or pursuant to a complaint by any
person.
(3) The Commission may refer a matter to another appropriate
body for investigation which shall investigate the matter within a
reasonable time and submit a report to the Commission on its findings.
(4) Upon the submission of a report, the Commission shall ensure
that the findings of the investigations are implemented within ninety
days.
(5) An investigation may be carried out under this paragraph
notwith standing the fact that the person being investigated has ceased
or is not an employee of the Commission.
39. Por the purposes of section36(l) of the Leadership and Reporting
Integrity Act and paragraph 37(l) of this Code a teacher may report Authority.
any matter to the Secretary, head of institution or any other appropriate
authority as the case may be.
40. Any teacher who is alleged to have violated the provisions of Breach of this
this Code will be subjected to the laid down disciplinary procedures Code.
under the Teachers Service Commission Act and the Code of
Regulations of Teachers.
41. This Code may be reviewed from time to time as the Review of this
Commission may deem appropriate. Code.
996 Kenya Subsidiary Legislation, 2015
STAFF INTEGRITY PACT (TO BE FILLED IN DUPLICATE)
I ………………………………………. TSCI ……………. do hereby confirm that I
have read the contents of the Teachers Service Commission Code of Conduct and Ethics
for Teachers ( Revised 2014) and hence commit to adhere to its provisions at all times
and uphold both my personal integrity and the integrity of the Commission.
Date: ………………………… Sign: …………………………………………………….
In the presence of:
SECRETARY
TEACHERS SERVICE COMMISSION
(FORM A)
Report of Gifts Received
To: (approving Authority)
Description of Offer or:
…………………………………………………………………………………………………..
Name and title:
………………………………………………………………………………………………….
Company: ………………………………………………………………………………………
Relationship (Business/personal): ………………………………………………………………
Occasion on which the gift was/is to be
Description & (assessed) value of gift: ………………………………………………………..
Suggested Method of Disposal
(a) Retained by receiving staff
(b) Retained for display/ as a souvenir in the office
(c) Shared among the officers
(d) Reserve as luck draw prize at staff function
(e) Donate to charitable organization
(f) Return to offer or
(g) Others (please specify)
……………………………………………………………………………………………………………………
Nameof receiving staff ……………………………………………………….. I …………….
Title………………………………………. Date ……………………………….
Part B -Acknowledgment (to be completed by approving authority)
Kenya Subsidiary Legislation, 2015 997
To (receiving staff)
The recommended method of disposal is *Approved/Not Approved
The gift(s) concerned should be disposed of by way of: ………………………………….
Name of Approving Authority …………………………………………………………………
Title……………………………………………………………………………………………..
Department…………………………………………………………………………………….
Date……………………………………………………………………………………………..
*Please delete as appropriate
(FORM B)
DECLARATION OF CONFLICT OF INTEREST
Part A-Declaration (to be completed by declaring staff)
To: (Approving Authority)
I would like to report the following existing/potential* conflict of interest situation
arising during the discharge of my official duties:
Persons/companies with whom/which I have official dealings and /or personal interest
2 ………………………………………………………………………………………………………
3 ………………………………………………………………………………………………………
Brief description of my duties which involve the persons/companies mentioned above
and these are the areas of real/possible conflict of interest.
Nameof Declaring Staff ………………………………………………………………………………
Department
Part B- acknowledgment (to be completed by approving authority)
To: Declaring Staff
The information contained in your declaration for ……….. is noted. It has been decided
that:
You should refrain from performing or getting involved in performing the work, as
described in Part A, which may give rise to conflict of interest.
998 Kenya Subsidiary Legislation, 2015
You should continue to handle the work as described in Part A, provided that there is no
change in the information declared above.
Other conditions (please specify):
Nameof Declaring Staff ………………………………………………………………………………….
Title……………………….. …………………………………………………………………………….
Department………………………………………………………………………………………………..
Date………………………………………………………………………………………………………..
NANCY N. MACHARIA,
SecretarylChief Executive Officer,
Teachers Service Commission.
LYDIA N. NZOMO,
Chairperson,
Teachers Service Commission.
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

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Teachers’ Transfers: What TSC Boss Dr. Nancy Macharia, CS Magoha and IG told MPs- Full Report

The Committee on Education chaired by Tinderet MP Hon Melly on Wednesday February 26, 2020, held a meeting with the Ministry of Education, TSC, and office of the Inspector General of Police, following an order by the speaker of the National Assembly last week. The meeting was held to address the recent massive transfers of teachers working in the North Easter Region following attacks by Militia Group, the Alshabaab. Here is an account of what happened during the meeting courtesy of http://educationnewshub.co.ke and the National Assembly press.

RESPONSES BY TSC

The Teacher’s Service Commission was first to respond to the Questions raised by the Wajir West MP Hon Ahmed Kolosh, who last week; on the floor of the house, sought explanations why TSC has been transferring Teachers from the Region.

Below were the responses from the TSC Boss Dr. Nancy Macharia;

Dr. Nancy Macharia; TSC Boss

  • “Even as we are accused of removing teachers from N.Eastern, we did our best to ensure that they worked there, and even interdicted (and later rehired) some who were not in line with their employment terms.”
  • “Between 2018 and 2020, there have been sporadic attacks on Non-local teachers by some Locals in these regions, causing the instability of their stay there.”
  • “I want to let you know that it’s only in the North Eastern region that the Recruitment of Teachers is open round the Year. And we have even reviewed some of our laws to accommodate the volatile situation.”
  • “We have no issues whatsoever with sending teachers to any part of this country, but their security and Wellbeing is a priority to us.”
  • “The Commission has taken various initiatives to help solve the stalemate, including engagement of Government Institutions, Political and Local leaders. Some of whom have dismissed the security concerns raised by the teachers.”
  • ‘Since the beginning of attacks on teachers in N.E.R, the KNUT and KUPPET have piled pressure on us to transfer teachers from these regions,and even sponsored the teachers to file court cases against the Employer.”
  • “We have been portrayed as a heartless employer which has no regard for the wellbeing of our teachers in these regions, while in reality we have done our best to ensure their safety.”
  • “We are asking the Leaders of North Eastern region to help us in encouraging their locals who are trained teachers, to apply for teaching jobs in that region. And to encourage more of their people to train as teachers so they don’t need to demand for non-local teachers.”
  • “The continuous condemnation by local leaders on the transfer of teachers during attacks in the region have continued to cause panic among teachers left behind, who in turn, seek transfers too, in fear of their safety.”
  • “We have to emphasize here, that safety concerns of our teachers are of paramount importance to us as an employer, contrary to the misconception that we don’t care about their wellbeing once deployed to their stations of duty.”
  • “Teaching, like any other profession in this country, is a serious profession and if our teachers are to be marketable beyond our borders, we cannot lower our standards of qualification to be trained as a teacher.”
  • “I’m worried when its implied that we aren’t taking any affirmative action, we have done the best that we can to employ more teachers on Permanent and Pensionable basis almost immediately after graduation.”

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INSPECTOR GENERAL OF POLICE

Here is what the Inspector General of Police, Hillary Mutyambai, had to say;

Inspector General of Police, Hillary Mutyambai,

  • “We still have a big number of police officers in training, whom we hope to deploy to this region in the next two months. Despite the fact that we have also lost a very large number of police officers in the area, during our intervention.”
  • “This is a very comprehensive and complex situation that needs a partnership between the local leaders and security personnel to handle. The leaders must talk to their people.”
  • “As unfortunately implied by Hon Kolosh, to us, if a death occurs on the ground, it’s not a matter of a local police officer vs a non-local officer, it is our officer who is accorded the same treatment regardless of their origin.”
  • “Any insecurity cases facing teachers were, and have always been, communicated in real time. We have always advised accordingly.”
  • “The National Police Service only comes in to respond because the TSC has given Insecurity as one of the reasons why they’re transferring teachers from the North Eastern region.”
  • “The question on why teachers were running to the bush and not to the police stations, is a matter we cannot generalize. The police officers deployed to the region have given their best service to the people and should be acknowledged so.”
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RESPONSE FORM EDUCATION CABINET SECRETARY, PROF. GEORGE MAGOHA

On his part Prof. George Magoha, Cabinet Secretary Ministry of Education, told the Legislators the following;

Prof. George Magoha, Cabinet Secretary Ministry of Education

  • “The Leadership of the Northern region should identify students fit to be trained as teachers, so they can be trained a soon as possible.”
  • “I am aware that there are 24,058 students in the North Eastern region who scored grade C plain and above. I dont see why we cannot train them to be teachers, to teach in their own locality.”
  • “Everything the MP who raised this question said is correct, except the omission of the fact that people died there, Kenyans died in the North Eastern region.”

While signing off Chair, Melly said; “We have heard the submissions of the Commission, the Ministry, and the I.G. We shall retreat to write our report on this matter as a Committee, bearing in mind all the issues presented before us today. In all, the Kenyan child is the priority in this matter.”

Julius Kibiwott Melly is the member of the National Assembly of Kenya for Tinderet

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New TPAD 2 log in link for teachers, appraisers and appriasees (http://35.229.67.130/auth/login)

You may have had difficulties accessing the new Teacher Performance Appraisal and Development (TPAD 2) portal. Maybe you have taken too long to access your account on TPAD 2. Worry not. The Teachers Service Commission, TSC, has changed the URL (Uniform Resource Locator) or simply address to access the new TPAD 2. This is after numerous complaints were raised by teachers on the troublesome link; issued before.

The beauty with the new address/ link is that it loads pretty fast. All that you need to log in is your TSC Number, ID Number and password. But, you must first register to be able to access the portal. The new link to access the TPAD 2 is; http://35.229.67.130/auth/login

LINKS TO TPAD GUIDES, FORMS AND MANY MORE
HOW TO EASILY REGISTER FOR NEW TPAD 2 ACCOUNT

The process of registering for the new TPAD account is flawless. It can be done even via your mobile phone. See the steps below:

  • Access the new TPAD 2 registration portal by clicking on this link; http://35.229.67.130/auth/create_account
  • Now enter the required data; TSC Number, Phone Number, ID Number, E-mail and password.
  • Click on ‘Create Account’ once through.
  • Your account will be created and logged onto automatically.
  • In the new window, add your level of education and subjects combination details.
  • To update information on Subject Combination, select ‘Subject Combination’ Tab. Then, click on ‘Add Subjects Combination’. Now, type in your subjects and click on ‘Submit’.
  • To add your qualification details, select the ‘Level of Education’ tab followed by ‘Add Education Level’. Select your KCSE Grade, Highest Level of Education and Institution where you attended. Click on ‘Submit’ once done.
  • Now you can proceed to log into your account by clicking on ‘proceed to Log in’.

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HOW TO RESET YOUR PASSWORD

In case you forget your password, you can reset it by following the steps below:

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