TSC latest Circular to Teachers on Operation of Bank Accounts

The Teachers Service Commission, TSC, has issued a stern Circular to Teachers on Operation of Bank Accounts. Here are contents of the circular:

REQUIREMENTS FOR OPERATION OF BANK ACCOUNTS OUTSIDE KENYA BY PUBLIC OFFICERS

In a circular dated 14th November 2023, the Teachers Service Commission (TSC) reiterated the legal obligations surrounding the operation of bank accounts outside Kenya by public officers, as stipulated in Article 76 (2) of the Constitution and Section 19 of the Leadership and Integrity Act. This circular, issued by Dr. Nancy Njeri Macharia, the Secretary/Chief Executive of TSC, is a directive to all secretariat staff and teachers under the TSC umbrella.

The constitutional and legal provisions mandate that a State Officer, including teachers considered public officers, must obtain approval from the Ethics and Anti-Corruption Commission (EACC) before operating a bank account outside Kenya. Moreover, the circular emphasizes that such account holders must submit their annual bank account statements to the EACC by no later than 31st January of each succeeding year. In the event of account closure, individuals must notify and provide evidence of closure to the EACC within 30 days.

The key points outlined in the circular are as follows:

1. Constitutional and Legal Framework

The circular explicitly refers to Article 76 (2) of the Constitution and Section 19 of the Leadership and Integrity Act, underscoring the legal foundation prohibiting State Officers from operating foreign bank accounts without prior approval from the EACC.

2. Compliance Obligations

Dr. Macharia emphasizes that the provisions apply to all accounts controlled by state or public officers outside Kenya. This includes accounts opened for temporary purposes such as travel, education, or medical treatment. The circular reinforces the obligation of public officers to adhere to these provisions strictly.

3. Approval Process

Public officers intending to open and operate bank accounts outside Kenya must seek approval from the EACC. The circular provides practical guidance on initiating this process, directing individuals to visit the EACC’s website or contact them via email at bankaccounts@integrity.go.ke. The application form can be downloaded from the EACC website.

4. Contact Information

For further clarification and assistance, the circular provides contact details for EACC Customer Care, including a phone number (0730997000), the main office line (0204997000), and an email address (customercare@integrity.go.ke).

5. Purpose of the Circular

Dr. Macharia emphasizes that the purpose of the circular is to guide compliance with the specified legal provisions. Public officers, including teachers, are urged to strictly adhere to the contents of the circular, The Constitution’s Chapter 6 and the Leadership and Integrity Act concerning the operation of bank accounts outside Kenya.

This latest directive from the TSC underscores the importance of transparency and accountability among public officers, setting clear guidelines to prevent any potential misuse of foreign bank accounts. Teachers and secretariat staff must familiarize themselves with the circular and promptly comply with the outlined requirements to avoid legal repercussions.

6. In Conclusion

In conclusion, the circular reminds public officers, including teachers, about their responsibilities regarding foreign bank accounts. It reinforces the commitment to upholding ethical standards in line with constitutional and legal provisions.

Teachers are encouraged to follow the prescribed procedures for seeking approval and ensure timely compliance with the stipulated reporting requirements.