TSC News- Guidelines for teachers elected or nominated to political offices; How to transfer service

The Teachers Service Commission, TSC, on 22nd January, 2018, released a circular on the status of employment for teachers who have been nominated or elected to political offices.

Here are the contents from the circular by Kihumba Kimotho who is the Head of Communications at TSC;

‘The attention of the Teachers Service Commission is drawn to Media reports arising from its decision to terminate the services of individuals who either vied or were elected/nominated during the 2017 General Elections. The Commission is particularly concerned by allegations that the termination is politically motivated.

In view of this, the Commission wishes to respond as follows:
I. The action by the Commission is informed by the provisions of the Code of Regulations for Teachers, the Code of Conduct and Ethics, the Public Officer and Ethics Act and the Election Act. In particular, Regulation 187 (1), of the Code of Regulations for Teachers provides that “A teacher under the employment of the Commission who intends to contest for political office shall resign or retire from service in accordance with these Regulations”.
Regulation 187(2) further states that Regulation 187 (1), “shall also apply to teachers released by the Commission to Trade Unions.

II. There is no record to show that Hon. Jeremiah Omboko Milemba resigned as a teacher in April 2017 as he has alleged, to contest a parliamentary seat. Indeed, the letter through which he says his resignation request was acknowledged and granted is not part of the records held by the Commission. Moreover, TSC does not have in its employment an officer by the name P. K. Ayiego, who is alleged to have authored the letter on behalf of TSC Chief Executive.

III. The requirements on Hon Sossion and Hon Milemba to have resigned is not specific to the two. Other teachers who vied as Members of County Assemblies, MPs, or Governors tendered their resignation as required by the law. Hon Sossion and Hon Milemba are not exempt.

IV. The TSC does not in any way seek to determine or interfere with unions’ leadership. However, teachers who have been released to serve as union official should follow the law and resign once they join politics.’