Members of Parliament have commenced review of the Teachers Service Commission (Amendment) Bill, 2024 sponsored by Hon. Abdul Haro.
The Bill seeks to amend the Teachers Service Commission (TSC) Act to provide greater clarity and structure on allowances for teachers and appointment in acting capacities.
Led by Committee Chair, Hon. Julius Melly, Members engaged stakeholders including the Teachers Service Commission, Kenya Union of Post Primary Education Teachers (KUPPET), the Attorney General, and representatives from the National Treasury.
One of the key proposals in the Bill is to amend Section 11 of the TSC Act by inserting a new clause (fa) requiring the Commission, “in consultation with the Salaries and Remuneration Commission (SRC), [to] facilitate payment of allowances to teachers in the manner set out in the Fourth Schedule.”
Lawmakers’ noted that the clause seeks to formalize various teacher allowances, including house allowance, commuter allowance, hardship allowance for teachers in gazetted hardship areas and special duty allowance for teachers acting in administrative capacities or deployed to arid and semi-arid lands currently covered in the TSC’s regulations.
Teachers Service Commission opposed the amendments, arguing that the proposed clauses are already covered under the TSC Code of Regulations (CORT).
“These allowances are already provided for under the Code of Regulations for Teachers. Including them in the Act would create legal duplicity,” said the TSC Deputy Director Legal Services, Mr. Allan Sitima in a submission to the Committee.
“Responsibility allowances were scrapped following SRC’s advisory. We cannot reintroduce them without breaching the constitutional mandate of the SRC,” Mr. Sitima added.
KUPPET supported the Bill but recommended enhancing it further to safeguard teachers’ rights through collective bargaining.
“We propose an amendment stating that the TSC, in consultation with SRC and after negotiations with teachers’ unions, shall facilitate the payment of allowances,” said Hon. Omboko Milemba, MP and KUPPET official.
KUPPET also pushed for clauses to ensure risk allowances for teachers exposed to unsafe environments and enhanced pay for those with postgraduate qualifications.
Members of the Education Committee considered New Section 32A on Acting Appointments which proposes allowing TSC to appoint teachers in acting capacities for a minimum of 30 days and a maximum of six months, provided they meet the prescribed qualifications.
Hon. Clive Gesairo expressed concern regarding reports of a large number of teachers serving in acting capacity without any allowances for a long period of time.
“There are too many teachers in acting positions without formal appointments or acting allowances,” said Hon. Rebecca Tonkei. “It’s unfair. We must protect them.”
Hon. Nabii Nabwera demanded that the TSC submit comprehensive data on all teachers serving in acting capacities and whether they are being remunerated accordingly. “We want to know the numbers, the cost, and if the budget covers this,” he said.
On acting allowances, KUPPET argued that the amendment would protect teachers from arbitrary decisions and ensure fair compensation.
“We have teachers who have acted in senior positions for many years without allowances. This Bill will provide legal protection and clarity,” said Hon. Omboko Milemba and KUPPET representative.
Public Service Commission, Legal Representative Ms. Jacqueline Mamina noted that allowances should be based in regulations which can easily be amended as needed. “If allowances are domiciled on Regulations, which are more flexible in terms of amendments. If you place them in the law, we would have to every time we want to add allowances or to remove would have to go through this regular process,” she added.
In their submission, the Attorney General’s office noted that passing the Bill in its current form would require amending or deleting overlapping provisions in existing regulations.
“There’s a need to harmonize the Bill with current subsidiary legislation to avoid inconsistencies,” a representative advised the Committee.
Committee Chair, Hon. Julius Melly requested National Treasury to submit a detailed financial analysis to understand the budgetary implications of the proposed allowances.
“While we acknowledge TSC’s operational mandate, the Committee is also keen to entrench accountability and fairness in the teaching service,” said Hon. Melly.
The Committee on Education is expected to review the Teachers Service Commission (Amendment) Bill, 2024 prepare and table its report in the House.
KENYA UNION OF POST PRIMARY EDUCATION TEACHERS (KUPPET)
SUBMISSION TO THE NATIONAL ASSEMBLY COMMITTEE ON EDUCATION AND RESEARCH CONCERNING THE TSC ACT AMENDMENT BILL.
| Short title | Proposed amendments | ||
| 1 | Amend to include “after negotiations with the Unions shall” | 2. The Teachers Service Commission Act, in this Act referred to as the ‘Principal Act’ is amended in Section 11 by inserting the following new paragraph immediately after paragraph (f). (fa) “in consultation with the Salaries and Remuneration Commission and after negotiation with the unions shall facilitate payment of allowances to teachers in the manner set out in the Fourth Schedule.” | |
| 2 | 3. The Principal Act is amended by inserting the following new Section immediately after Section 32. 32A. (1) The Commission may appoint a teacher in an acting capacity for a period of at least thirty days but not exceeding a period of six months. After the six months, the teacher shall be confirmed substantively into the position. | ||
| 3 | Amend to include, “or acting allowance, whichever is applicable” | (4) A teacher appointed in an acting capacity shall be entitled to special duty allowance or acting allowance, whichever is applicable. | |
| 4 | FOURTH SCHEDULE (This part provides for allowances that may be granted to teachers in specified circumstances. The remunerative and reimbursable allowances are non-pensionable except responsibility allowance if earned up to an including the last date of retirement). | ||
| 5 | Insert “ appointed into positions of responsibility” | (e) Responsibility Allowance (1) The Commission shall pay Responsibility Allowance to a head of institution, deputy head of institution and senior teacher who are appointed into positions of responsibility. | |
| Amend by inserting “ or who is teaching in a special school or integrated school” | (f) Special School Allowance (1) The Commission shall from time to time – (a) pay special school allowance to a teacher who possesses skills in special education or who is teaching in a special school or integrated school. | ||
| Delete clause (2) | (2) A teacher entitled to special school allowance shall claim the payment of the allowance in writing through the head of institution. | ||
| Amend by inserting, “the rate of one month’s basic salary applicable at the teacher’s current salary scale” | (h) Leave Allowance The Commission shall pay an annual leave allowance to teachers on its payroll at the rate of one month’s basic salary applicable at the teacher’s current Salary Scale. | ||
| Amend by inserting, “within one month of the transfer” | (i) Transfer Allowance The Commission shall – (a) where at its discretion transfers a teacher from a sub- county to another or in inter-county transfer, pay transfer allowance to the teacher within one month of the transfer. | ||
| Amend to Insert new clause | (j) Acting Allowance The Commission shall from time to time pay an acting allowance to a teacher appointed to perform administrative duties for which the teacher qualifies but has not been substantively appointed. | ||
| (k) Per Diem/Subsistence Allowance | |||
| Amend to Insert new clause | The Commission shall from time to time pay a daily subsistence or per diem to a teacher who is assigned to perform an official duty outside the teacher’s work station at the prevailing rate for public servants as determined by the Salaries and Remuneration Commission. | ||
| Amend to Insert new clause | (l) Risk Allowance The Commission shall from time to time pay a risk allowance to science teachers who handle laboratory chemicals in the course of their duties. | ||
| Amend to Insert | (m) Post-Graduate Allowance The Commission shall from time to time pay a post- graduate allowance to teachers who have attained Master’s and PhD degrees while in service. | ||
Justifications of the Proposed Amendments to the Teachers Service Commission Amendment (TSC) Bill, 2024
1. Ensures Fairness and Equity in Salary Determination
When salaries and allowances are determined through collective bargaining with teachers’ unions, it creates a more objective and predictable system and provides a legal protection for teachers. This process allows for transparent negotiations over compensation, leading to enforceable agreements that provide stability for educators and their families. It also helps reduce arbitrary or unilateral decisions by the employer, ensuring fairness and equity across the teaching workforce. Negotiations based on mutual interest encourage joint problem-solving, leading to agreements that address the needs of both parties.
2. Ensure equity in allowances.
Risk allowance clause into the bill is a justified and necessary measure to address the real and present risks faced by teachers. It will not only improve their welfare and job satisfaction but also enhance the overall quality and stability of the education sector. Teachers are exposed to hazardous materials and they require the compensation. Teachers with post-graduate qualification require a remuneration that suits there qualification.
