Teachers employed by the Teachers Service Commission (TSC) could face tougher disciplinary measures, including removal from office and payment of half their basic salary, if proposed amendments to the law are enacted.
The Teachers Service Commission (Amendment) Bill, 2026, currently before the National Assembly, proposes significant changes to the legal framework governing the registration, employment, discipline and professional conduct of teachers in Kenya.
The Bill is National Assembly Bill No. 64 of 2026 and was listed for First Reading in Parliament on September 29, 2026, with Majority Leader Kimani Ichung’wah as the sponsor. Parliament’s official website currently lists the Bill among the Bills before the National Assembly.
Importantly, the proposals are not yet law. They must go through the parliamentary legislative process before any new statutory provisions can take effect.
Half Basic Salary for Teachers Charged With Serious Offences
One of the provisions likely to attract significant attention among teachers concerns the treatment of employees facing serious criminal charges.
Under the proposed framework, TSC would require a teacher charged with a serious offence to vacate office from the date of the charge until the criminal case is concluded.
During that period, the teacher would receive:
| Proposed payment | Treatment |
|---|---|
| Basic salary | 50% |
| Allowances | Full applicable allowances |
| Position | Teacher required to vacate office |
| Duration | Until the criminal case is concluded |
The proposed provision would therefore have a direct impact on a teacher’s monthly income while the criminal case is pending.
The Bill reportedly defines a serious offence to include offences attracting capital punishment as well as other acts or omissions considered to grossly offend public policy and interest, making the teacher unsuitable to continue serving.
However, teachers should note that being charged is not the same as being convicted.
The proposed framework provides for reinstatement where a teacher is acquitted, discharged or the charge is dropped, with withheld benefits payable in circumstances provided for by the law.
Half-Salary Provision Is Not Completely New
The proposed Bill has generated attention because of the half-salary provision, but the principle already exists under the current TSC regulatory framework.
The existing Teachers Service Commission Code of Regulations for Teachers provides that a teacher charged with an economic crime or serious offence may be suspended while receiving one-half of basic salary together with full house and medical allowances from the date of the charge. If the teacher is subsequently discharged or acquitted, the Commission is required to lift the suspension and pay benefits that were withheld under the relevant provision.
The significance of the 2026 Bill is that it seeks to put major disciplinary and professional requirements directly into the statutory framework governing TSC and introduces or expands a number of offences.
More Conduct Could Attract Disciplinary Action
The proposed amendments contain a broader list of conduct that could expose teachers to disciplinary proceedings.
Among the offences highlighted in the proposed framework are:
- Cyberbullying of learners
- Exposing learners to pornography
- Exposing learners to or supplying learners with illicit drugs or harmful substances
- Sexual misconduct involving learners
- Sexual exploitation of learners
- Chronic absenteeism
- Desertion of duty
- Insubordination and other forms of professional misconduct
- Falsifying official documents or data
- Forgery and presenting false documents
- Mismanagement or embezzlement of public funds
- Theft of institutional property
- Giving false information to TSC
- Engaging in other gainful employment while employed by TSC
The proposed amendments therefore go beyond criminal conduct and seek to strengthen professional accountability within the teaching service.
Teachers Could Face Action Over Side Hustles
Another provision that could generate debate is the proposal listing engaging in other gainful employment while serving as a TSC employee as a disciplinary offence.
This could potentially affect teachers who operate businesses or undertake other income-generating activities alongside their teaching jobs.
Reports on the Bill have cited examples such as shops, farming, transport businesses and consultancy services as activities that could potentially fall within the provision, depending on how the final law and regulations define and apply “gainful employment.”
This does not mean that all teachers have immediately been banned from running businesses.
The Bill is still undergoing the legislative process, and the final wording could change before enactment.
Sexual Exploitation of Learners Targeted
The proposed legislation also introduces a detailed focus on sexual exploitation involving learners.
The proposed definition covers situations in which sexual acts or sexual abuse are exchanged for benefits such as:
- Academic grades
- Pocket money
- School fees
- Learning materials
- Protection from punishment
- Illicit drugs
- Gifts
- Food
- Shelter or other basic needs
The Bill also addresses involving learners in the creation, access or distribution of pornographic and sexually explicit material.
This provision is intended to strengthen protection of learners and provide a clearer statutory basis for disciplinary action against teachers involved in sexual exploitation.
Possible Penalties for Professional Misconduct
The proposed disciplinary framework would give TSC several options depending on the nature and seriousness of the misconduct.
Potential disciplinary consequences include:
| Possible penalty | Description |
|---|---|
| Warning | Formal warning for misconduct |
| Surcharge | Recovery of financial losses where applicable |
| Suspension | Suspension for a specified period |
| Registration cancellation | Cancellation of a teacher’s registration |
| Removal from register | Teacher can be struck off the professional register |
| Retirement in public interest | Compulsory retirement under applicable provisions |
| Dismissal | Termination of employment |
| Termination | Ending employment under the applicable framework |
The Bill also proposes an internal review mechanism for disciplinary appeals before matters proceed further.
What the Proposed TSC Bill Means for Teachers
If enacted in its current form, the Bill would represent a significant strengthening of TSC’s statutory powers over teachers.
The proposals cover not only disciplinary matters but also teacher registration, continuous professional development, practising certificates, staffing, promotion, institutional administration and the structure of the Commission.
The Bill proposes that registered teachers undertake continuous professional development and obtain practising certificates after completing prescribed training. Teachers who fail to undertake the required professional development could face administrative action.
The legislation would also establish an Institute of Teacher Support and Professional Development to support training and capacity building.
Teachers Should Not Treat the Proposal as an Existing Law
Despite the attention surrounding the proposed half-salary provision and tougher disciplinary measures, teachers should understand that the Bill has not become law.
The National Assembly listed the Teachers Service Commission (Amendment) Bill, 2026 for First Reading on September 29, 2026. It must proceed through subsequent stages of consideration before it can become legislation.
Therefore, claims that TSC has already introduced a new 50 per cent salary rule under the 2026 Bill would be misleading.
The existing TSC regulations already contain a half-basic-salary provision for teachers charged with economic crimes or serious offences, but the new Bill seeks to place a broader disciplinary framework within the TSC Act.
For teachers, the biggest takeaway is that professional conduct, learner protection, integrity in official records and compliance with TSC requirements remain central to continued employment.
Until Parliament completes consideration of the Bill and it receives the necessary approvals, the proposed amendments should be treated as proposals rather than new operational law.
