Latest TSC Circular on surcharging Policy for Teachers

TEACHERS SERVICE COMMISSION

Ref.No:TSC/ADM/192A/VOL.X.49

Date: 22^ND APRIL, 2025

CIRCULAR NO:6/2025

TO: ALL SECRETARIAT STAFF
ALL TEACHERS

IMPLEMENTATION OF SURCHARGE POLICY IN TEACHERS SERVICE COMMISSION

1) The Teachers Service Commission is committed to supporting the national objective of a sustained effort against wastage of public resources through relevant statutory and policy frameworks.

2) Founded on this noble initiative, this circular is part of the Commission’s response to the national call to curb financial leakages, expedite the hearing and determination of corruption-related court cases, and review the applicable legal and policy frameworks to enhance the fight against corruption and economic crimes.

3) To this end, the Commission has, for instance, institutionalized the policy on “Management of Salary Over-payments, 2020”.

The key purpose of the policy is to implement a robust surcharge regime to forestall wastage, misallocation, misappropriation, fraud, and the outright theft of public resources.

This is in line with Section 74 of the Public Finance and Management Act, which targets employees whose actions or omissions lead to the wastage and loss of public resources, contrary to Articles 22.6 (5), 201 and 232 (b) of the Constitution.

4) The attention of all employees of the Commission, including Heads of Institution responsible for the prudent management of public resources, is drawn to Section 74 of the PFM Act, which calls for adherence to sound financial management principles, including the accounting and professional responsibilities they are expected to observe while executing their assigned roles.

5) The Commission is currently reviewing its policies to complement government efforts toward the prudent, responsible, and effective use and management of public resources.

Consequently, the Commission hereby directs that, where public resources are wasted, lost, or unaccounted for:

a) The employee(s) responsible for the loss or wastage shall be surcharged to the extent of the loss or wastage.

b) Disciplinary measures shall be taken against the employee(s) named in the internal and external audit reports as being involved in, contributing to or perpetuating the loss or wastage of public resources.

c) The Commission shall strengthen collaborative partnerships with relevant state agencies, including the Ethics and Anti-Corruption Commission and Directorate of Criminal Investigations, to undertake all necessary action(s) as mandated under their respective authorities.

6) The Commission’s relevant frameworks shall be thoroughly reviewed to give full meaning to these directions On surcharge.

Further, the Commission shall initiate sensitization programs at all levels, including the field offices and at the Institutional levels to underscore the practices and procedures necessary for fiscal discipline and the responsible use of public resources in the teaching sector.

To this end, all employees are required to táke note of the same and comply accordingly.

NANCY NJERI MACHARIA, CBS
SECRETARWCHIEF EXECUTIVE

Copy to:

Felix K. Koskei, EGH
Chief of Staff and Head Of the Public Service
State House
P.O. Box 40530 – 00100
NAIROBI

Dr. Jamleck Muturi John, EBS
Commission Chairman
Teachers Service Commission
NAIROBI