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TSC Latest Guidelines on professional misconduct, TSC offences, discipline cases and Disciplinary process

TSC interdiction letter.
TSC interdiction letter.

Teacher interdiction and dismissal is real in Kenya! A number of teachers are disciplined by the Teachers Service Commission (TSC) for committing a number of offences that have been outlawed in the Code of Regulations for Teachers and the TSC Code of Conduct and Ethics.

Teachers who violate the provisions of the Code of Regulations for Teachers and the TSC Code of Conduct and Ethics will face disciplinary action which may include warning or interdiction.

TSC Teacher Disciplinary Process

  1. A Head of institution may initially issue a verbal warning or caution the teacher in writing on minor breaches.
  2. In case of persistent misbehaviour, the teacher may be required to show cause why disciplinary action should not be taken against him/her.
  3. From the teacher’s response, the head of institution may serve the teacher with a warning or present the case before the agent.

The agent shall;

  1. Investigate and assemble relevant evidence.
  2. Invite the accused teacher in writing to defend himself/herself against specified allegation.
  3. Call witnesses to give evidence in the presence of the accused teacher.
  4. Allow the teacher to cross-examine each witness.
  5. In case of desertion where teacher’s whereabouts is unknown, the agent will interdict without any delay.

After the preliminary hearing the agent may reach any of the following decisions;

  1. No case to answer.
  2. Warn the teacher administratively.
  3. Interdict the teacher.

NB: In some cases TSC or agent can interdict a teacher without inviting him/her for preliminary hearing.

An interdicted teacher should write a defense statement within 21 days from the date of interdiction and provide contact address. A case will normally be heard within three months after interdiction. In case of delay the teacher is advised to make enquiries.

You may also like; TSC Disciplinary Process: Determination

Salary during interdiction

Teachers interdicted on cases of incitement, insubordination, infamous conduct and negligence of duty will be paid half salary during the period of interdiction.

Determination of a Discipline Case

After interdiction and submission of the required evidence the teacher shall be given a chance to defend himself/herself in person before the Commission. A case shall be heard and determined in the absence of the teacher if he/she fails to appear during the hearing. From the evidence gathered, the Commission may;

  1. Revoke the interdiction.
  2. Warn the teacher.
  3. Suspend the teacher from duty.
  4. Dismiss the teacher from service.
  5. Retire the teacher in the public interest.
  6. Dismiss and remove from the register of teachers.

It is an offence for a teacher to engage in teaching in any institutions (public or otherwise) during the period of interdiction or suspension or on removal from the registry of teachers.

Where a teacher has been suspended from duty, he/she will be posted 14 days before the expiry of the suspension.

A teacher will be posted immediately in cases of revocation and warning. A teacher who does not receive communication within 28 days after hearing should make enquiries to the Commission Headquarters in person.

Nature of TSC Offences

The Commission may take disciplinary action against a teacher who commits any of the following offences:

Immoral behaviour, including but not restricted to:

  1. Sexual intercourse
  2. Sodomy
  3. Lesbianism and
  4. Sexual harrasment

Proffesional misconduct including but not restricted to:

  1. Negligence of duty
  2. Lateness to duty
  3. Chronic absenteeism
  4. Desertion Incitement and
  5. Insurbordination

Infamous conduct including but not restricted to:

  1. Drunkeness
  2. Fighting
  3. Conduct or behaviour which in the opinion of the Commission contradicts the spirit and tenor of Chapter six of the Constitution
  4. Forgery/ presentation of forged documents
  5. Mismanagement, misappropriation and embezzlement of public funds
  6. Any other act of conduct that is incompatible with the teaching proffession.

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

S/No TSC Offence
1 Immoral behavior
2 Negligence of duty
3 Chronic Absenteeism
4 Desertion of Duty
5 Insubordination
6 Infamous Conduct in any Professional Respect
7 Forgery/Impersonation /Collusion/Fraud and Corrupt deals/Bribery
8 Mismanagement/Misappropriation/Embezzlement of Public Funds
9 Conviction of Criminal Offense

 

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