TSC- A list of all offences that can lead to a teacher’s interdiction and the evidence required

The Teachers Service commission, TSC, may take action against a teacher found to have breached the Code of conduct for teachers. The Commission takes any breach of the articles of the Code seriously and may interdict a teacher who violates any of the articles.

Below is the full list of TSC offences and evidence required for interdiction of a serving teacher, by the Commission:

1. Immoral behavior

• Sexual intercourse
• Sodomy
• Lesbianism
• Sexual
• harassment/flirtation/indecent Act
• Love relationship
• Exposure to pornographic
  materials

Evidence required

• Handwritten statement from victims/witnessed
• Exhibits
• Love letters
• Photographs
• Gifts
•  Agreements
•  Court proceedings
• Investigation reports by heads of institutions, county Directors or Sub-county Directors.
• Minutes of BOM following interview of pupils/students, teachers and other witnesses.
•  County discipline panel minutes.

2. Professional Misconduct

A. Negligence of duty

• Willful neglect to perform any work or careless or improper performance of any work assigned to the teacher.
• Failure to teach scheduled lessons .
• Failure to prepare professional documents e. g. schemes of work.
• Allowing examination cheating.
• Grading fake marks.
• Failure to perform T.O.D. duties.
• Failure to attend school assemblies and official
  meetings.
• Failure to take students for official duty/functions.

Evidence required

• Staff meeting minutes.
• Police reports
• Written reports by agents/County Directors/Supervisors.
• Statements from witnesses.
• Minutes where teacher and witnesses were interviewed.
• Investigation reports.
• Statement from witnesses.

B. Chronic Absenteeism

• Persistent/repeated absence from
  duty without permission
• Lateness for duty

Evidence required

• Casualty returns
• Letters from authorities reporting the teachers absence.
• Monthly staff returns.
• Warning/show cause letters for absenteeism.
• Daily attendance registers/clock in register.

C. Desertion of Duty

Absence from duty for 14 continuous days ( without written permission) including weekends and public holidays. These may include:

• Failure to report for posting after expiry of study leave.
• Proceed on study leave without approval.
• Failure to report to new station after release.

Evidence required

• Casualty returns.
• Letters from relevant authorities reporting the teacher’s desertion/release or reporting for duty.
• Letter granting study leave stating when to resume duty.
• Monthly staff returns.

D. Insubordination

Failure to obey official/instructions from supervisors e.g. Commission Secretary, Heads of Institution, County Directors and Sub-County Directors . e.g.:

• Failure to respond to letters from supervisors.
• Failure to take up posting after disciplinary process/transfer/deployment.
• Proceeding on transfer without formal release.
• Failure to forward correspondence by teachers to and from the Commission.
• Failure to handover/takeover an institution upon transfer.
• Failure to submit books of accounts.

Evidence required

• Written reports by agents/County Directors/Supervisors.
• Letters giving directives/instructions and evidence of failure to adhere.
• Statement from witnesses.
• Minutes of the full BOM, minutes where the teacher and witnesses were
  interviewed.
• Minutes of disciplinary panel.
• Investigation reports.
• Staff meeting minutes.
• Police reports.
• Medical reports.

E. Infamous Conduct in any Professional Respect

• Drunkenness or any form of intoxication during working hours.
• Fighting in public or any violent
• behavior that may bring the profession to disrepute.
• Conduct or behavior which contravenes chapter Six (6) of the Constitution.

Evidence required

• Written reports by agents.
• Show cause letters.
• Statement from witnesses.
• Minutes of the full BOM minutes where the teacher and witnesses were interviewed.
• Investigation reports.
• Police reports.
• Medical reports.

F. Forgery/Impersonation /Collusion/Fraud and Corrupt deals/Bribery

• Causing payment of salary to teachers not on duty e.g. desertions, deceased persons.
• Failure to report offences by teachers.
• Forged signatures/stamps.
• Obtaining registration through fraudulent means.
• Submission of incorrect staff returns.
• Submission of forged certificates.
• Misrepresentation/falsifying information.
• Some exam malpractices/irregularities.

Evidence required

• Sample signatures/rubber stamps.
• Copies of forged documents/certificates.
• Confirmation of certificates by the issuing bodies e.g. KNEC, universities.
• Investigation reports.
• Statements by those impersonated/witness/experts in the related fields.

G. Mismanagement/Misappropriation/Embezzlement of Public Funds

Mismanagement is handling of public funds and /or property in an inefficient,
irregular or in any manner likely to cause loss to the institution.
Misappropriation is use of public funds for unauthorized purposes by a teacher.
Embezzlement is the fraudulent conversion of public funds and property entrusted to a
teacher to personal use.

• Loss of public funds through negligence.
• Failure to account for public funds as per
  the Law.

Evidence required

• Financial reports presented to BOM and minutes.
• Final audited accounts/Annual audited reports/interim audited accounts, promissory notes.
• Investigation reports, relevant financial and accounting documents.

H. Conviction of Criminal Offense

A teacher is interdicted upon conviction (being found guilty of a criminal offence). Jailed/fine or non custodial sentence.

• Conviction of a sexual offence or any offence against a learner.
• Conviction of a criminal offence which in the opinion of the
• Commission renders the person unfit to be a teacher.

Evidence required

• Casualty return showing the date arrest/imprisonment.
• Copy of charge sheet showing nature of offence.
• Certified copies of court proceedings and judgment (CPJ).
• Letters from authority reporting the arrest/reports.