New TSC offences as contained in the proposed TSC amendment act 2024

New teacher disciplinary offences proposed in TSC amendment Act 2024

New teacher disciplinary offences proposed in TSC amendment Act 2024

THIRD SCHEDULE
(Section 35C.)

DISCIPLINARY OFFENCES IN THE TEACHING SERVICE

The following shall constitute disciplinary offences in the teaching service;

(a) Immoral behavior with a learner, including;

i. sexual intercourse;
ii. sodomy;
iii. homosexuality;
iv. sexual harassment or flirtation;
v. love relationship;
vi. exposure to pornography;
vii. buying gifts intended to influence learners into immoral conduct; and
viii. aiding immoral conduct;

(b) professional misconduct including;

i. negligence of duty;
ii. chronic lateness to duty;
iii. chronic absenteeism;
iv. desertion;
v. incitement;
vi. insubordination; and
vii. poor performance of duty

(c) infamous conduct including

i. drunkenness;
ii. fighting;
iii. use of vulgar and abusive language
iv. cyberbullying

(d) sending or hosting learners in teachers’ residences, guest house, hotels, lodging;

(e) engaging learners to undertake household chores at teachers’ residence;

(f) submitting forged documents to the Commission to influence decision making processes;

(g) falsification and alteration of official documents or data;
(h) mismanagement, misappropriation and embezzlement of public funds;

(i) violation of procurement regulations;

(j) engaging in fraudulent activities that contravene the provisions of this act and the regulations made herein

(k) violation of Guidelines and directions issued or disseminated by the Commission;

(l) undertaking or facilitating holiday tuition;

(m) charging unauthorized fees and levies;

(n) withholding learners National Examinations certificates;

(o) administration of corporal punishment;

(p) exposing learners to and/or supplying them with illicit drugs and psychotropic substances;

(q) failure to register candidates for national examinations;

(r) commission of, and/or abetting any act leading to examination irregularities as provided under the Kenya National Examination Council Act and regulations;

(s) falsifying school enrollment data;

(t) aiding an unregistered person to gain the employment as a teacher;

(u) theft of institutional property;

(v) giving false or misleading information to the Commission;

(w) engaging in other gainful employment while an employee of the Commission

(x) conviction on a criminal offence by a Court of law which renders an employee unfit to remain in employment; or

(y) any other offence as may be provided in the Regulations.