TSC Faces Opposition Over Proposed Amendments to TSC Act
In a recent stakeholder engagement forum, the proposed 2024 Amendment Bill on the Teachers Service Commission (TSC) Act faced criticism from several teachers’ unions.
These unions pointed out significant gaps in the draft document, expressing concerns about the commission’s approach in addressing key issues within the teaching profession.
The amendments aim to modernize the TSC Act, which is over a decade old, by incorporating emerging issues such as the Competency-Based Curriculum (CBC) and the recommendations from the Presidential Working Party on Education Reform.
The Kenya Union of Post Primary Teachers (Kuppet) accused the TSC of sidelining teachers in critical operations and called for broader stakeholder engagement to ensure comprehensive reforms.
Kuppet Secretary General Akello Misori emphasized the need for collaboration among various government agencies, education stakeholders, and civil society to identify priority areas for legal reforms.
Misori criticized the TSC for potentially accumulating more power through the amendments, raising concerns about the welfare of teachers and systematic challenges within the profession.
He stressed that any changes should address administrative bottlenecks, disciplinary processes, and conflicts of interest between the TSC’s roles as an employer and regulator.
The issue of salaries also became a point of contention, with Kuppet opposing amendments that give the TSC undue influence over the Salaries and Remuneration Commission.
Kuppet argued that this could weaken workers’ rights, as outlined in Article 41 of the Constitution.
Teachers’ unions, including Kuppet, advocated for amending Article 237 of the Constitution to establish an independent professional regulator.
This regulator would focus on continuous professional development, ethical standards, and remedies for emerging challenges, such as mental health issues.
Kuppet proposed an independent appeals tribunal to handle cases of indiscipline among teachers, aiming to reduce the TSC commissioners’ outsized power in disciplinary matters.
This move is seen as a way to provide a fair and impartial review before a teacher resorts to legal action.
The Kenya Women Teachers Association (Kewota) emphasized the importance of clearly defining the gravity of offences in disciplinary matters. They urged the TSC to specify penalties corresponding to the severity of each offence, ensuring a proportional and fair approach to discipline.
Members of the Kenya Secondary Schools Heads Association (Kessha) insisted that the draft bill should safeguard teachers’ rights, particularly in instances where the public interferes with schools following poor examination results.
The TSC’s proposed amendments target 11 sections, including the third and fourth schedules of the 2012 TSC Act, covering powers of the commission, regulatory framework, disciplinary actions, remuneration, and performance management.
As the stakeholders‘ forum reviews the proposed amendments, it remains to be seen whether the TSC will revisit its approach in response to the concerns raised by teachers’ unions.
The outcome of this engagement could shape the future of the teaching profession in Kenya, influencing how the TSC balances its regulatory role with the welfare and rights of educators.
