Kenyan teachers could soon face disciplinary action for engaging in other gainful employment while working for the Teachers Service Commission (TSC), following a proposed amendment to the law governing the teaching profession.
The proposed Teachers Service Commission (Amendment) Bill, 2026, sponsored by National Assembly Majority Leader Kimani Ichung’wah, seeks to introduce a range of new and expanded disciplinary provisions for teachers.
Among the provisions attracting attention is one that targets teachers who engage in other gainful employment while employed by TSC.
The Bill is currently before Parliament and has not become law. The proposal will therefore have to go through the parliamentary legislative process before any new provision becomes legally binding. Parliament’s official Bills listing confirms that the Teachers Service Commission (Amendment) Bill, 2026 is before the National Assembly.
Teachers Could Face Action Over Side Hustles
According to reporting by The Star and Business Daily, the proposed amendments would classify engaging in other gainful employment while employed by TSC as a disciplinary offence.
This could affect teachers who operate businesses or participate actively in commercial activities alongside their teaching careers.
Examples reported in connection with the proposed provision include:
| Activity | Potential issue under proposed rules |
|---|---|
| Commercial farming | Could fall under other gainful employment depending on the circumstances |
| Running a shop | Could attract disciplinary action if classified as gainful employment |
| Boda boda/transport business | Could be affected |
| Consultancy services | Could be affected |
| Other commercial businesses | Could potentially fall under the provision |
However, the Bill does not provide a detailed list of every business or economic activity that would automatically constitute prohibited gainful employment. This leaves important questions about how activities such as farming, investments, family businesses and passive income would be treated.
The Star reported that the proposed provision could affect teachers involved in farming, retail businesses, transport businesses and consultancy services.
Is This Already Prohibited Under TSC Rules?
An important distinction is that the proposed Bill would not be introducing the concept of restrictions on outside employment from nothing.
The existing TSC Code of Conduct and Ethics for Teachers already provides that a full-time teacher should not engage in other gainful employment. It also prohibits teachers from conducting private business during official working hours.
The current code defines gainful employment broadly to include work performed for money or regular compensation, work incompatible with official responsibilities, activities creating a conflict of interest, or activities that affect performance of official duties.
The proposed legislation would therefore place the restriction within a broader statutory disciplinary framework.
What Could Happen to Teachers?
The Bill proposes an expanded disciplinary framework covering a number of forms of professional misconduct.
According to the available details of the proposed legislation, disciplinary sanctions could range from warnings and surcharges to suspension, cancellation of registration, retirement in the public interest and dismissal, depending on the offence and applicable disciplinary process.
The proposed legislation also establishes a Teachers Service Review Committee to review certain disciplinary decisions where new material facts emerge or where there has been a fundamental procedural problem. Teachers would also retain avenues for seeking redress through the courts.
This means that the proposed side-hustle restriction should not be interpreted as an automatic dismissal provision for every teacher who earns money outside teaching. The specific circumstances and disciplinary process would matter.
Bill Also Targets Sexual Exploitation of Learners
The side-hustle provision is only one part of the wider Teachers Service Commission (Amendment) Bill, 2026.
The proposed legislation also introduces sexual exploitation as a specific category of misconduct involving learners.
The Bill proposes action against teachers who exploit learners by demanding sexual acts in exchange for academic grades, school fees, pocket money, learning materials, gifts, food, shelter or protection from punishment, among other benefits.
Other proposed disciplinary offences include cyberbullying, negligence of duty, chronic absenteeism, desertion, insubordination, forgery, theft of institutional property and violations of procurement regulations.
Teachers’ Side Hustles and the Cost of Living Debate
The proposed restriction is likely to attract considerable attention because many teachers have traditionally used farming, small businesses, consultancy and other investments as additional sources of income.
The debate surrounding the proposal is therefore not simply about whether teachers should observe professional responsibilities. It also raises questions about how the rules would distinguish between active employment, commercial business operations, farming, investments and other sources of income.
The exact interpretation of “other gainful employment” will be particularly important if the Bill progresses, because the current proposal does not spell out every type of economic activity that would be covered.
What Teachers Should Know Now
For teachers currently running businesses or engaging in farming and other income-generating activities, the most important point is that the 2026 amendment is still a Bill and is not yet law.
Parliament’s current information shows the Bill as proposed, with further stages of public review, debate and consideration still pending.
Teachers should therefore distinguish between reports describing the proposed changes and rules that are already legally in force.
At the same time, the existing TSC Code of Conduct and Ethics already requires full-time teachers to avoid other gainful employment and prohibits private business during official working hours.
The proposed legislation would strengthen and formalise the disciplinary framework around such conduct if enacted.
Key Takeaway for Kenyan Teachers
The proposed TSC Amendment Bill 2026 could significantly affect teachers who actively operate businesses or undertake other gainful employment while remaining employed by the Commission.
However, claims that teachers have already been completely banned from all side hustles would be misleading because the proposal is still before Parliament.
The Bill was published in September 2026 as Bill No. 64 of 2026, with National Assembly Majority Leader Kimani Ichung’wah listed as its sponsor. Its wider objectives include reforms to teacher registration, continuous professional development, performance management and disciplinary procedures.
Whether commercial farming, shops, consultancy, transport businesses or other economic activities will ultimately be prohibited—and under what circumstances—will depend on the final wording adopted through the legislative process.
For now, teachers should follow the existing TSC regulations while monitoring Parliament and TSC for any amendments or official implementation guidelines.
