Teachers to receive non-pensionable allowances under new TSC reforms
A new Bill currently before Parliament could provide legal support for allowances that have long been requested by teachers, introducing a schedule of specific benefits and establishing clear terms for individuals serving in acting roles.
The Teachers Service Commission (Amendment) Bill, 2024, aims to revise the TSC Act of 2012 to offer a clear and predictable framework for the disbursement of allowances while also formalizing the process for appointing teachers in acting capacities.
Sponsored by Mandera South MP Abdul Haro, the Bill is presently before the National Assembly’s Departmental Committee on Education and seeks to streamline the administration of benefits within the teaching profession. It introduces significant reforms, including a new Section 32A that details the criteria and procedures for appointing teachers to act in higher roles.
A new ‘Schedule Four’ attached to the Bill enumerates nine allowances that may be granted under specific conditions. These consist of: Housing allowance, Commuter allowance, Hardship allowance, Responsibility allowance, Special school allowance, Reader’s facilitation allowance, Leave allowance, and Transfer allowance.
The Bill stipulates that while the majority of these allowances will be non-pensionable, the responsibility allowance will be pensionable if a teacher earns it up to and including their final date of service.
To promote fairness in compensation, the proposed statute also aims to amend Section 11 of the existing Act by adding a new paragraph that requires the Teachers Service Commission (TSC) to consult the Salaries and Remuneration Commission (SRC) when determining the allowances payable to teachers.
“The principal object of this Bill is to amend the Teachers Service Commission Act in order to provide various allowances that the Commission may pay to teachers over and above their basic pay,” Haro articulates in the memorandum of objects and reasons.
Clerk of the National Assembly Samuel Njoroge has urged the public to submit their opinions on the Bill by May 9.
“In compliance with Article 118(1)(b) of the Constitution and Standing Order 127(3), the Clerk of the National Assembly hereby invites the public and stakeholders to submit memoranda regarding the Bill,” Njoroge noted in a public announcement.
The proposed reforms arise amidst increased agitation from teachers’ unions for significant salary increases and improved benefits under the forthcoming collective bargaining agreement (CBA) for 2025–2029.
The Kenya National Union of Teachers (Knut) is advocating for a 60 percent increase in basic salary alongside enhanced allowances. The Kenya Union of Post Primary Education Teachers (Kuppet) seeks an increase between 50 and 100 percent, in addition to the establishment of a risk allowance for science teachers.
Knut is additionally advocating for overtime compensation or fixed payment for teachers who work during public holidays, as well as three incremental credits for those assigned to arid, semi-arid, or hard-to-staff regions. The union is also requesting that the TSC provide acting allowances to teachers occupying positions such as deputy headteacher, deputy principal, and heads of departments, but who have yet to be confirmed.
Both unions encountered disapproval from their members for consenting to the 2021–2025 CBA, which did not include a financial element. They have subsequently justified this decision, clarifying that declining the agreement would have triggered a legal predicament due to statutory time constraints.
If enacted, the Teachers Service Commission (Amendment) Bill, 2024, is anticipated to improve transparency, equity, and incentive in the teaching profession.