Outline what is entailed in the TSC code of regulations for teachers

CHAPTER I
Defines various words that are in common usage in the Commission world e.g. teacher, interdiction, desertion, agent etc..
The chapter also includes: -

-The appointment of the Commission.
-The role of the Chief Executive.
-Delegation of certain functions of the Commission to its agents. The agents are also specified in the code. This is of particular importance to Heads of Institutions. When dealing with discipline it is important to understand the role of the head teacher.

CHAPTER II
-Registration of Teachers
For one to be registered by the commission as a teacher, he/she must meet the following conditions: -

Conditions for Registration: -
-Be a holder of a certificate issued under the Education Act
-Be a qualified teacher according to Legal Notice No. 90 of 1967.
--Is a person the Commission wishes to employ even though he/she may not qualify under either of the two conditions: -
-Particulars on the Application of Registration. These include:
-Name
-Date of Birth
-Address
-Nationality
-Qualifications both academic and professional and
-Any teaching service given elsewhere

Chapter II also covers other aspects to ensure that a person being registered as a teacher is suitable for such registration. These are: -
Citizenship – this applies to teachers who are not Kenyan citizens by birth
Medical examination – this is a requirement on employment by the commission. However, the commission may require a serving teacher to submit to a medical examination
Refusal to register or cancellation of registration – In the event that the Commission refuses to register one as a teacher after registration such registration is cancelled, such refusal or cancellation will be gazetted. The decision not to register or removal from the register can be reviewed after two years on application by the person concerned.

Registration Fee

This is currently ten shillings but is due for review

Offences

It is an offence to deface or erase any entry in a certificate of registration. It is an offence to allow a person who is not a registered teacher to teach in any school.

CHAPTER III
This chapter covers appointments and the conduct of teachers.

Terms of Service
Teachers can be employed on:-
-Permanent and Pensionable Terms
This applies to teachers who are professionally qualified, are 45 years of age or below and are Kenyan citizens.
-Contract Terms
This is provided for teachers who are employed on a Government to Government arrangement.
-Temporary Terms
Applicants who are not professionally qualified as teachers and those who are above 45 years of age at the time of engagement are employed on temporary terms.

Date of Appointment
This is the date on the letter of appointment provided it is not earlier than the date a teacher reports to an institution for duty.
Teachers on Permanent and Pensionable Terms
Teachers on P&P terms are required to serve for two years on probation. The head teacher is expected to submit a report on performance and conduct about 3 months before the expiry so that the teacher can be confirmed. This is an area where teachers, their supervisors (Head teachers) and their employer (TSC) need to pay close attention to. It causes delays in the event of a teacher dying in service.

The probationary period is critical to all parties because it is the time for all to determine whether the person employed is suitable or not. For this reason, applying to the Commission for confirmation should not be left to the employee.

Termination of Appointment
Whatever the terms of service of a teacher, termination of service can be initiated by either the employee or the employer provided the terms of service are adhered to.

Other Aspect
Other aspects covered in chapter 111 or the COR cover: -

Assignments to schools
A teacher should be ready to serve in any school in Kenya.

Transfers
A teacher must not leave one station to another without approval from the Teachers Service Commission or its agents and must wait for clearance and release by the head teacher.

Teachers Conduct:-
The teacher will perform duties related to his role.
He will obey reasonable directives given by the Commission, its agents, the head teacher.
Absence from duty without permission constitutes gross misconduct.

Elections
A teacher who wishes to view for national or civic elections can only do so while outside the teaching service.

Loss of Public Funds
Funds in a public institution are deemed to be public funds. Loss of such funds can lead to a teacher being sued by the BOG, School Committee or to the DEB.
The Commission can recover in total or in part such loss from a teacher’s salary. The Commission may also take further disciplinary action against a teacher. Areas defined as public funds are covered in pages 26 and 27 of the code.

Channels of Communication
Information gained in the course of a teacher’s duties can only be used in the discharge of his/her duties
Official correspondence with the commission should be channeled through the head teacher.

Annual Reports
The head teacher should submit a report on each teacher annually and the agent will do the same for the head teacher.
CHAPTER IV
This chapter covers the remuneration of teachers in the following areas: -

-Determination of salary on first appointment
-Determination of salary on promotion or gaining higher qualification
-Incremental date
-Incremental credits
-Reimbursable expenses:-
These are:-
(i) Travelling expenses
Travelling expenses are reimbursed on:-
First appointment from home to school
Transfer (when initiated by the commission)
While attending an interview at the commission
On retirement

The emphasis while determining the mode of transport is economy. Authority should be sought from the agent or the commission before any hiring of transport is done.

Allowances:-

(i) Hardship allowance
(ii) Motor vehicle allowance
Subsistence
Maintenance while outside the country on paid study leave or on official duty
Medical allowances
Advances

Advances are provided to teachers for the purchasing of:-
(I)Motor vehicles
(ii) Motor cycles
(iii)Refrigerators

Allowances

A teacher qualified for either an acting allowance or responsibility allowance if called to perform a higher job. This applies only to administrative positions in institutions.

Reader’s allowance
The Code of Regulations under revision will include reader’s allowance to formalize an allowance the commission has been paying to readers for blind teachers.

CHAPTER V

This chapter covers the promotion of teachers. The introduction of schemes of service to cover all cadres is expected to ensure equity in the teaching service.

CHAPTER VI

This chapter covers the housing of teachers. However, from 1st July, 2000 the payment of house allowance has been simplified by dividing the country into two, Nairobi city and the rest of the country. Equity has further been enhanced by providing only one kind of house allowance for all teachers. The inequality brought about by owner-occupier house allowance has been removed.

The administration of institutional houses has been left entirely to the administration of schools.

CHAPTER VII

This chapter covers leave for teachers. Under circumstances spelt out in the code, teachers qualify for:-
-Annual leave
-Sick leave
-Maternity leave
-Study leave
-Special leave
-Leave outside Kenya

The code under revision has introduced four other kinds of leave to cover:-
-Sports persons
-Festival holidays
-Public holidays
-Spouses of diplomats

CHAPTER VIII

This chapter covers medical benefits in these areas:-
-Free Medical Treatment
This applied to government hospitals and no longer exists after the introduction of cost sharing.
-NHIF
Contributions per month have been increased to a maximum of Kshs. 320.00.
-In-patient treatment
-Out-patient treatment in a government hospital
-Married woman teacher
-Ex-Gratia Assistant

CHAPTER IX

This chapter covers the defense of teachers should criminal proceedings be instituted against them in the course of their official duties.

The Attorney General will provide legal assistance if a teacher is sued in a civil or criminal case provided the teacher is being sued in his official capacity.

CHAPTER X

This section of the Code covers: -
-Powers of the Commission to refuse to register a teacher
-Reasons for interdiction
-Proceedings of the Commission
-Decisions of the Commission
-Teachers Appeals Tribunal
-Other disciplinary cases
Where the offence committed by a teacher is not serious he/ she should be warned. If he/she commits the same offence three times then the agent can interdict him.
-Salary during interdiction.

CHAPTER XI

Pensions, Gratuities and other Benefits

This is the last chapter in the Code. It deals with terminal benefits when the teacher retires or dies in service or after retirement. It also covers: -
-Eligibility for retirement
-Marriage gratuity
-Pension for a teacher who dies in the course of his duties
-Injury pension
-Workmen’s compensation
-NSSF benefits for teachers on temporary or contract terms of service
-Notice to retire.

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Titany answered the question on August 20, 2021 at 12:41