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.
