TSC Amendment Bill, 2024: What MPs want

Teachers Service Commission (TSC) Headquarters, Nairobi on 3rd September 2024. [Edward Kiplimo,Standard]

Members of Parliament have backed proposed changes to the Teachers Service Commission (TSC) Amendment Bill, saying the amendments would address a growing leadership crisis in schools caused by prolonged acting appointments.

The Teachers Service Commission (Amendment) Bill, 2024, seeks to define the acting period as between two and six months. After that, an acting administrator would qualify for substantive appointment.

The Bill also outlines qualifications and remuneration for acting roles and bars a teacher from holding more than one acting position at a time.

Lawmakers say the changes could help restore morale, fairness, and stability in school leadership.

Moving the motion during the second reading of the Bill on Wednesday, February 18, Mandera South MP Abdul Haro said the legislation aims to bring structure and fairness to the appointment and payment of acting administrators.

He claimed more than 3,300 heads of schools and deputies are serving in acting capacities, alongside about 99,000 teachers in various acting roles.

“This is a significant backlog in acting positions, which has created a leadership crisis in schools and a big headache for stakeholders,” he said.

He added that some teachers have served in acting roles for years, only for the positions to be advertised and filled by other applicants. Many do not receive special duty allowances during the acting period due to the terms of their contracts. In some cases, teachers hold two acting positions at the same time.

“The prolonged situation erodes motivation, discourages retention, and weakens succession planning in school leadership. The bill seeks fairness in acting appointments, to be made in a structured way, and to streamline the allowances that go with them,” Haro said.

Nominated MP Dorothy Muthoni said the bill is critical to promoting fair administrative practices within the TSC. “Protecting teachers serving in acting capacity is the responsibility of the commission. Teachers, principals, deputies and senior teachers have faced anxiety and uncertainty when assigned acting roles,” she said.

Baringo MP Kipkoros Joseph noted the need for acting allowances. “TSC should pay acting allowances to administrators across various cadres. Those acting as principals or head teachers should receive the benefits that come with those positions,” he said.

His Suba North counterpart, Millie Odhiambo, argued that Parliament had been forced to intervene.

"The bodies that are mandated to deal with these issues don’t do it very fast, hence forcing us to legislate.”

Teso North MP Mary Emaase, on the other hand, said the bill addresses long-standing challenges in promotions.

“We have many teachers who have acted for so long. The bill will seek to restructure and improve the process of promotion based on merit, for the deserving,” she said.

Dagoretti North MP Beatrice Elachi called for transparency in promotions, noting that delayed promotions have also led to imbalances in staffing.

“The commission should establish clear and transparent criteria and consider years of service and performance. A teacher who has struggled also struggles for promotions,” she said.