TSC faces tough options as NEP teachers stay put

The Teachers Service Commission (TSC) is in dilemma on what measures to take against dozens of teachers, who have refused to return to Northern Eastern.

This is despite placing an advertisement last week seeking to fill 1,089 teaching positions in the region ‘to stabilise learning’. Of these 637 posts are for primary school teachers while 452 are for post primary teachers.

The teachers have been camping at TSC offices for more than three weeks to push for transfer from the region over claims of insecurity and poor working environment.

Mandera, Wajir and Garissa counties have been affected following the killing of about 20 teachers by suspected Al Shabaab militants in a bus attack in Mandera last year.

“This matter will be handled as per the TSC Act 2012 and Code of Regulations for Teachers,” says TSC head of Communication Kihumba Kamotho. But closer scrutiny of these laws shows it may be nearly impossible to kick them out of the service.

Section 146 of a revised draft of the Code of Regulations for Teachers (2014), spells out the process of interdicting a teacher that involves the Commission or Board of Management serving the teacher with an interdiction letter, specifying allegations made against them.
Where the Board of Management issues such a letter, it shall deliver two copies to the County Director of Education for onward transmission to TSC headquarters.

Once a matter has been determined, TSC is expected to, within 28 days, from the hearing date, inform the teacher of its decision.
According to the TSC Act 2012, the Commission, after interdicting a teacher may take disciplinary measures that include; issuing the teacher with a warning letter, surcharging them, suspending the teacher for a period not exceeding six months, retiring them in public interest, dismissal or termination of services.

Section 139 of the Code of Regulations for Teachers spells out offences that may lead to a teacher being struck off the roll, proving that not even ‘desertion of duty’ results in automatic dismissal.

Offences that may lead one to be struck off the register include immoral behaviour towards a learner, obtaining employment or promotion fraudulently, embezzlement of public funds, forgery, impersonation, incitement, or conviction of a criminal offence, which in the Commission’s opinion renders one unfit to be a teacher.

Those that may not lead to removal of a teacher from the register are; professional misconduct which may include, willful neglect to work, lateness to duty, chronic absenteeism, or desertion. Others are Insurbodination, which may include failure to go on transfer, or going on transfer without formal release, as well as ‘infamous conduct’, like drunkenness during work hours, failure to account for public funds, as per the relevant laws, soliciting for favours to deliver services, bribery, and misrepresentation.

Mr Johnes Osoro, a teacher from Wajir, dismisses talk of ‘desertion’ as a premise upon which disciplinary action may be taken against them.

“We have been here since January 6 when schools opened and therefore away from our work stations for over a month. According to TSC regulations one is considered to have deserted duty if they fail to report to work for 14 days. An interdiction letter would usually follow in about a week’s time, but so far we haven’t been served with any,” he says.

Kenya National Union of Teachers Secretary General Wilson Sossion also questions what grounds TSC will use to justify taking any disciplinary measures against the teachers.

“The teachers have been reporting to their employer(TSC) daily and one cannot say they deserted duty. The only thing they have been missing is classes to teach. The only option the Commission has is to listen to the teachers and transfer them because they have raised valid issues,” says Mr Sossion.

Section 62 of the Code of Regulations says a teacher can be transferred following need for equitable distribution of teachers, availability of vacancies, need for replacement and on medical grounds. A teacher on first appointment can only be transferred after they serve in a station for at least five years.

TSC, however, still has the discretion to transfer a teacher at any time whether or not they have applied for a transfer, or decline to transfer a teacher upon application.