Tag Archives: TSC INTERDICTION LETTER

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TSC show cause letters to teachers

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A show cause letter is given to a teacher who has a case to answer. Teachers are guided by set of rules and regulation as stipulated in their code of conduct.

Breaching contractual terms will result to a teacher explaining through a letter why a disciplinary action should not be taken against him or her.

A teacher found guilty of minor professional misconduct after serving a show cause may be given  a maximum of two administrative warnings and subsequent misconduct will lead to automatic interdiction.

The show cause letter is written by the teacher’s immediate supervisor i.e school head for classroom teachers. Once you receive the letter you must respond in writing defending yourself against the allegations and explaining why further disciplinary action should not be taken against you.

The show cause letter is issued to a teacher by the Head of institution who may initially issue a verbal warning or caution the teacher in writing on minor breaches.

In case of persistent misbehaviour, the teacher may be required to show cause why disciplinary action should not be taken against him/her.

From the teacher’s response, the head of institution may serve the teacher with a warning or present the case before the agent. In such a scenario, the case goes through the full disciplinary process. See detailed information here; TSC discipline process for teachers; Interdiction, discipline cases and dismissals.

CAUSES OF PROFESSIONAL MISCONDUCT BY A TSC TEACHER.

A teacher may be forced into committing a professional misconduct. Some of the reasons that may make a teacher commit an offence include:

  • Unfulfilled expectations e.g. transfer, promotion, further studies among others.
  • Unfair allocation of duties and resources in schools.
  • Personal characteristics e.g. alcohol and drug abuse
  • Political influences.
  • Group dynamics and incitement by fellow teachers and interested groups due to power struggle.
  • Over commitment of salary.
  • Ineffective supervision and communication by the Administrators/ Managers.
  • Sickness
  • Laziness

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New TSC teacher letter of probationary appointment

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The Teachers Service Commission, TSC, letter of probationary appointment is given to newly appointed teacher. This is after receiving your appointment letter (also called the posting letter/ employment letter).

Once you receive your employment letter, you are expected to accept or reject the employment offer formally. n case you accept the offer, then you will write to the Commission through the Head of Institution.

TSC will then send your letter of probationary appointment. You will be expected to serve for a minimum of six (6) months before your terms are changed to permanent and pensionable.

TSC letter of probationary appointment.

Below is a sample of the TSC letter of probationary appointment.

RE: LETTER OF PROBATIONARY APPOINTMENT

I am pleased to note that you have accepted the appointment as a teacher and started
teaching at…… ………with effect from…………………………

This appointment forms an AGREEMENT made betrveen the Teachers Service Commission and ( Full name) …………… Of (Address) …School. P.O. Box

(Herein after called the teacher) with effect from this………. ……………..day of…………… …………..with continuous service to count from ……………(where applicable.)

The following are the Terms and Conditions of this agreement:-
l. Grade…………………….

2. The salary scale attached to this grade is Kshs………………. to Kshs ………..per annum. You will enter the scale at Kshs…………………..per month. You will also be entitled to allowances provided for in the Code of Regulations for Teachers.

(a) The period of probation will be six (6) months subject to satisfactory performance of duty.
(b) On satisfactory completion of this probationary period, your terms of service will convert to Permanent and Pensionable.
(c) You will be required to apply for confirmation of appointment not later than one month before the expiry of this probationary period.

3. This appointment may be terminated by either party giving to the other, one month’s notice in writing, or by paying to the other an amount equal to one month’s salary in lieu of notice.

4. A condition of this employment is readiness to serve in any institution in Kenya where the Commission considers you qualified to teach.

5. Employment is subject to the Code of Regulations and Code of Conduct and Ethics compiled and published by the Commission under the Teachers Service Commission Act No. 20 of 2012.

6. You will be required to sign this agreement and return copies to the TSC Headquarters and the TSC County Office respectively.

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TSC teacher interdiction letter

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An interdiction letter is given to a teacher during the TSC discipline process. After investigation has been carried out on allegations against a teacher, a report should be written. It should specify the action to be taken against the teachers e.g  show cause letter, warning, interdiction (give relevant details of the offences)

THE TSC INTERDICTION LETTER

The interdiction letter should be in the prescribed format as provided in the TSC Code of Code and Regulations for Teachers, CORT.

Only the designated TSC officers  shall interdict. The Secretary to the Board shall only interdict after he/she has been authorized by a minute of the full BOM.

The interdiction letter should be forwarded to the TSC Headquarters with certified copies of all supportive documentary evidence and the investigation report/minutes of the BOM duly authenticated by the investigating officers should accompany it.

The interdiction letter should have the correct and complete information; including the charges. For example, in case of immoral behavior the charge should include the name, class of the student, admission number of the pupil; date time and place the offence took place.

Whereas for chronic absenteeism, the dates of absenteeism should be tabulated.  When a teacher is absent he/she automatically neglects his/her duties so you need not add a charge on negligence.

In case of mismanagement/misappropriation, the amount involved and the period in question should be indicated on the interdiction letter.

The teacher of interdiction reads;

‘I am directed by the Teachers Service Commission to say that, it is alleged that you have breached Clause …………of the Third Schedule of the Act in that you……… ……….

consequently, you are hereby interdicted with effect from… …… …(date)

Before the Commission proceeds to consider and determine your case: –
l. You are invited to make a defense statement/Response to the Commission in writing
within 21 days from the date of this letter;
2. You will be given an opportunity to be heard by the Commission in person;
3. Indicate the nearest TSC Sub-County office where you will be required to report
once a month;
4. Present any other evidence including documents in support of your case;
5. Vacate office and continue to be away;
6. Provide your contact address, email and telephone number;
7. Forfeit your annual leave”.

The letter is Copied to: –

  • The Secretary, Teachers Service Commission
  • The T.S.C. County Director
  • The TSC Sub County Director

WHAT CAN CAUSE TSC TO REVERSE A TEACHER’S INTERDICTION

Irregular and faulty interdiction can lead to loss of the case against a teacher by default. Some of the scenarios include those interdictions done by:

  • Unsigned interdictions/investigation reports/BOM minutes.
  • Interdictions by staffing officers instead of TSC county directors
  • Missing/incorrect information in the interdiction letters e.g. missing/incorrect date of interdiction, wrong TSC Nos, incorrect details on when and where the alleged offence was committed.
  • Use of wrong interdiction format.
  • Interdicting a teacher who has transferred to another county.
  • Interdictions being done without adherence to the laid down procedures e.g. failing to give teachers an opportunity to appear before the investigation panel together with the accusers and witnesses to defend themselves against the allegations raised.
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TSC teacher interdiction letter

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The Teachers Service Commission, TSC, may decide to reverse the interdiction of a suspended teacher. In such a case, the Commission sends a revocation of interdiction letter to the teacher.

Several reasons may make the TSC to reverse the interdiction of a teacher. A number of reasons may precipitate such a decision. These include:

  • Irregular and faulty interdictions i.e if the Commission detects malice in the allegations made,
  • Interdictions being done without adherence to the laid down procedures e.g. failing to give teachers an opportunity to appear before the investigation panel together with the accusers and witnesses to defend themselves against the allegations raised.
  • Poor and inadequate investigations at the institution/county level,
  • Delays in submission of supportive evidence e.g. availing duly signed Board Of Management minutes, statements and report in support of allegations raised.
  • Issuing casualty returns on desertion before expiry of fourteen (14) days.
  • Failure to fill in/forward casualty and casualty/ appointment returns on time.
  • Failure to carry out prompt and exhaustive/comprehensive investigations prior to interdiction.
  • Failure  to involve the Board of Management, BOM, during investigation process,
  • Failure to give specific charges on interdiction.

TSC revocation of interdiction letter format.

Upon consideration by the Commission, the teacher will receive a revocation of interdiction letter. See a sample below;

RE: REVOCATION OF INTERDICTION

Pursuant to the hearing of your discipline case on …………., I directed by the Teachers Service Commission to inform you that, the Commission carefully considered your case and has determined that you are not guilty of allegation/s made against you. Subsequently, your interdiction is hereby revoked.

Accordingly, any salary and allowances that would otherwise have been payable during
the period of your interdiction will be paid to you in full once you are reinstated on
payroll.

Please note that, payment of any salary is subject to Part VII of the Code Regulation for
Teachers and will be effective only after you report for duty and start teaching.
You will be posted immediately.

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