Teachers to receive non-pensionable allowances under new TSC reforms

A new Bill currently before Parliament may provide legal support for allowances that teachers have long requested, implementing a list of specific benefits and establishing clear terms for those in acting roles.

The Teachers Service Commission (Amendment) Bill, 2024, aims to modify the TSC Act of 2012 to create a clear and reliable framework for allowance payments, while also formalizing the appointment process for teachers in acting positions.

Introduced by Mandera South MP Abdul Haro, this Bill is now with the National Assembly’s Departmental Committee on Education and intends to simplify how benefits are managed in the education sector. It includes significant reforms, such as a new Section 32A that describes the criteria and processes for appointing teachers to act in elevated positions.

A new ‘Schedule Four’ added to the Bill outlines nine allowances that may be provided under specific circumstances. These include: Housing allowance, Commuter allowance, Hardship allowance, Responsibility allowance, Special school allowance, Reader’s facilitation allowance, Leave allowance, and Transfer allowance.

The Bill suggests that while the majority of these allowances will not be pensionable, the responsibility allowance will become pensionable if a teacher receives it until their final date of service.

To promote equity in pay, the proposed legislation also seeks to revise Section 11 of the existing Act by adding a new paragraph that requires the Teachers Service Commission (TSC) to engage with the Salaries and Remuneration Commission (SRC) when determining the allowances to be given to teachers.

“The main goal of this Bill is to revise the Teachers Service Commission Act to enable various allowances that the Commission may provide to teachers beyond their basic pay,” Haro mentions in the memorandum of objectives and rationale.

Clerk of the National Assembly Samuel Njoroge has encouraged the public to share their opinions regarding the Bill by May 9.

“In accordance with Article 118(1)(b) of the Constitution and Standing Order 127(3), the Clerk of the National Assembly invites the public and stakeholders to submit memoranda regarding the Bill,” Njoroge announced in a public notice.

These proposed reforms arise amidst increasing demands from teachers’ unions for significant salary increases and improved benefits under the upcoming collective bargaining agreement (CBA) for 2025–2029.

The Kenya National Union of Teachers (Knut) is advocating for a 60 percent rise in basic salary and improved allowances. The Kenya Union of Post Primary Education Teachers (Kuppet) seeks a raise of between 50 and 100 percent, alongside the establishment of a risk allowance for science instructors.

Knut is also advocating for overtime compensation or guaranteed payment for teachers who work during public holidays, as well as three incremental credits for those assigned to arid, semi-arid, or challenging-to-fill areas. The union additionally requests that the TSC provide acting allowances to teachers in roles such as deputy headteacher, deputy principal, and heads of departments, who have not yet received confirmation.
Both unions encountered backlash from members for consenting to the 2021–2025 CBA, which did not include a financial aspect. They have later justified the decision, stating that declining the agreement would have led to a legal crisis because of statutory deadlines.

If approved, the Teachers Service Commission (Amendment) Bill, 2024, is anticipated to improve transparency, equity, and encouragement within the education sector.

Teachers to benefit from improved allowances in new Proposed TSC Bill

Teachers are expected to benefit from improved allowances if a new Proposed TSC Bill is enacted.

This new legislation currently under consideration in parliament offers a more structured and transparent allowance framework for Kenyan educators.

The Teachers Service Commission (Amendment) Bill, 2024 is introduced by Mandera South MP Abdul Haro, aimed at revising the TSC Act of 2012 with distinctly outlined criteria for teacher allowances.

Section 32A of the proposal primarily focuses on formalising the typically informal procedure of appointing teachers to acting positions.

The Bill introduces a new ‘Schedule Four’, which categorizes nine different types of allowances. These allowances encompass those for housing, commuting, hardship, leave, transfers, special school, reader’s facilitation, responsibility, and acting allowances.

Importantly, only the responsibility allowance will qualify for pension benefits.

The other allowances will be pensionable if received until retirement.

Amendment of Section 11 of the TSC Act has also been suggested by the Bill to ensure that prior to the Commission disbursing its allowances, it consults the Salaries and Remuneration Commission.

Hon. Haro stated that these amendments aim to enhance fairness, legal transparency, and accountability in the allocation of benefits to educators.

He emphasized that legal support would guarantee that such benefits are dispensed consistently and not subject to arbitrary judgments.

Thus, it is appropriate for the bill to be introduced during this time of significant pressure from teachers’ unions, including KNUT and KUPPET, which are calling for comprehensive revisions of salaries and allowances.

These unions are advocating for an increase in base salary, hazard allowances for science educators, and compensation for work performed during public holidays.

KNUT has also appealed for additional credits to be granted to teachers in challenging and underfunded areas, and for acting instructors—usually deputy heads—to receive payment even if not officially designated.

Public input on this bill has been sought and should be submitted to the Departmental Committee on Education by May 9, 2025.

If approved, the legislation would theoretically streamline payments, promote transparency, and boost teachers’ morale.

Teachers In Hardship Zones Seek 40 Percent Allowance

Educators laboring in challenging areas have requested that their hardship allowance be increased to 40 percent of their basic salary.

These teachers, represented by the Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA), are seeking a modification to incorporate the specified allowance in the forthcoming collective bargaining agreements (CBAs) that are anticipated to be ratified before 30th June 2025.

At present, KETHAWA notes that the hardship allowance available to teachers stationed in remote and arid locales does not adequately reflect the reality of their circumstances.

The association asserts that it is the sole allowance that specifically addresses the severe conditions in which teachers operate, including isolation, inadequate infrastructure, absence of essential services, and insecurity in certain areas.

Educators argue that the existing policy does not reevaluate the allowance; thus, they will continue to be treated unfairly based on their assigned posts.

They point out that their peers in more favorable settings experience improved conditions without the added challenges that accompany teaching in isolated areas.

KETHAWA is appealing to the Teachers Service Commission (TSC) along with the pertinent government entities to seriously consider their request and ensure that the new CBAs reflect the hardships faced by educators in difficult regions.

The advocacy group maintains that raising the hardship allowance will not only foster equity but also inspire teachers to stay in these challenging locations for enhanced service delivery and educational outcomes in marginalized areas.

The existing CBAs are set to expire on 30th June 2025, with current negotiations for new terms in progress. Nevertheless, the educators remain optimistic that their concerns will be addressed before the cutoff date.

MPs propose a Bill that will introduce new allowances for teachers: See the 9 TSC allowances

Members of Parliament in Kenya have put forward the Teachers Service Commission (Amendment) Bill, 2024, with the aim of improving the structure and fairness of teacher allowances. Sponsored by Mandera South MP Abdul Haro, the bill intends to modify the Teachers Service Commission Act of 2012 to establish a clear and reliable framework for the remuneration of allowances to teachers.

Key Provisions of the Bill

Introduction of Specific Allowances: The bill suggests a new ‘Schedule Four’ that outlines nine categories of allowances that may be awarded to teachers under certain conditions:

Housing Allowance
Commuter Allowance
Hardship Allowance
Leave Allowance
Transfer Allowance
Special School Allowance
Reader’s Facilitation Allowance
Responsibility Allowance
Acting Allowance

Of these, only the responsibility allowance will be pensionable if accrued up to and including the final date of service; the remaining are non-pensionable.

Structured Acting Appointments

The bill presents Section 32A, which defines a formal procedure for appointing teachers to acting roles. It specifies that a teacher may be appointed in an acting role for a duration of at least 30 days to a maximum of six months, given the teacher fulfills all required qualifications. Teachers serving in acting positions will be granted a special duty allowance and may hold only one acting role at any given time.

Consultation with Salaries and Remuneration Commission (SRC): The bill requires that the Teachers Service Commission (TSC) consults with the SRC when establishing the allowances awarded to teachers, ensuring transparency and consistency in pay.

Public Participation

The National Assembly has called upon the public and stakeholders to provide their opinions and memoranda on the bill to the Departmental Committee on Education by May 9, 2025, in accordance with Article 118(1)(b) of the Constitution and Standing Order 127(3).

This legislative move occurs in the context of increased advocacy from teachers’ unions for enhanced compensation and working conditions. The Kenya National Union of Teachers (Knut) has suggested a 60 percent increase in base pay and improved allowances as part of its proposed collective bargaining agreement (CBA) with the TSC.

Similarly, the Kenya Union of Post Primary Teachers (Kuppet) has advocated for basic salary increases between 50 to 100 percent and additional allowances, including a risk allowance for science teachers.

If passed, the Teachers Service Commission (Amendment) Bill, 2024, is anticipated to create a more structured and fair system for teacher allowances, addressing enduring complaints and improving the welfare of educators nationwide. This is expected to motivate teachers throughout the country, thereby enhancing standards.