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Full details on the amendment of the Teachers Service Commission (TSC) Act 2024

The amendment of the Teachers Service Commission (TSC) Act will align it with national priority areas and help tackle challenges facing the teaching sector, TSC Chief Executive Nancy Macharia said.

Dr Macharia said revising the Teachers Service Commission Act, 2012 will address emerging issues that have affected the sector during implementation of the 12-year-old framework. Dr Macharia said the proposed changes will plug gaps identified during implementation of the law, incorporate judicial

precedence in the management of the teaching service and align it with national development agenda.She said the legislative proposals will enhance reforms in education and teaching sector, key among them curriculum reforms, 100 percent transition rate to secondary school and performance management in the public service.

“The feedback you give us will be worked into the document, which will be subjected to further sector-wide checks to ensure that the amendments are aligned to other laws in the sector,” she said during a stakeholders forum at the Kenya School of Government.

The TSC Act (Amendment) Bill, 2024 seeks to introduce a wide range of changes targeting crucial functions from remuneration of teachers and performance management to regulation of the teaching service.

The legislative proposals will also enhance clarity about the Commission’s mandate and functions and streamline guidelines for career progression and professional development of teachers.

Under the proposed changes, the Commission amended Section 2 of the Act by introducing new terms common in the sector, including certificate of registration, basic education institution, employees, trained teacher, registered teacher, sexual exploitation, and zone.

In the draft bill, the Commission has suggested additional functions and powers under Sections 11 and 12, respectively.

If adopted, the Commission will appoint and deploy institutional administrators to public primary, junior, and senior schools and teacher training institutions; undertake capacity building programmes and training to improve professional competence of its employees; and determine the remuneration and benefits of its employees subject to Article 230 of the Constitution. Dr Macharia underscored that the proposals will spark

stakeholder participation to bring the Commission up to speed with emerging issues affecting the sector.

If adopted, the Commission will require every registered teacher to undertake continuous professional development courses failing which one will be prevented from teaching.

The proposal comes at a time when the Commission is calling for professionalisation of the teaching sector to make teachers competitive in the global arena and enhance their pedagogy and knowledge management skills.

Boost for Commission as Stakeholders Throw their Weight behind Law Review (TSC Ammendment Act 2024).

Teachers’ unions and other stakeholders rallied behind the Teachers Service Commission’s (TSC) plan to amend its legal framework.

The stakeholders underscored that the proposed amendments to the TSC Act of 2012 will protect teachers’ welfare by addressing the issues hindering effective delivery of services.

Speaking during a stakeholders forum in Nairobi on February 7, Kenya Union of Post Primary Education Teachers (Kuppet) Chairman Omboko Milemba said the TSC Act (Amendment) Bill, 2024 should focus on service delivery and fixing the gaps affecting the sector.

Mr Milemba identified teacher promotion, professional development and handling of disciplinary cases as major pain points that the Bill should address. “People are wondering why teachers are not getting promoted. Let us take the chance to fix promotions in the Act,” he said.

He added that though teacher professional development programmes are a good initiative, the law should address how the Commission will finance them. Kuppet Secretary-General Akelo Misori welcomed

the initiative, urging the Commission to make sure the proposed law does not reduce teacher-student contact time. He commended the Commission for taking a bold step to reform the legislative framework, pointing out that teachers require seamless services.

Regarding teacher morale, Kenya Primary School Head teachers Association (Kepsha) Chairman Johnson Nzioka urged the Commission to incorporate a reward system in the law to empower them. The Commission awards teachers annually for excelling in curricular and co-curricular activities during the World Teachers’ Day. In last year’s event on October 5, the Commission awarded 592 teachers across primary and post-primary institutions.

Mr Nzioka said the draft bill will empower teachers and promote better governance of schools. One of the major proposals related to handling of disciplinary cases involving teachers, with the Commission proposing broadening of the scope of offences and consolidating them under the Third Schedule. Kenya Women Teachers Association (Kewota) Chief Executive Officer Benta Opande raised concern with how TSC has been handling disciplinary cases.

Ms Opande proposed that the Commission should allow teachers to sit with a representative during disciplinary hearing. “Broad scope of disciplinary actions may lead to disproportionate penalties. TSC should clearly define the gravity of each offence and specify appropriate penalties,” she recommended.

Kenya Union of Special Needs Education Teachers (Kusnet) Secretary-General James Torome supported the reforms. He emphasised that special needs should also be categorised under basic education. National Parents Association Chief Executive Officer George Sikulu reiterated the importance of promoting learner-centred teaching.

Mr Sikulu underscored that parents must be involved in the character development of their children. He said proper encouragement at the family level will translate to better performance at school.

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