The Teachers Service Commission (TSC) of Kenya

The Teachers Service Commission (TSC) of Kenya is an Independent government Commission established under the Constitution of Kenya to manage human resources within the education sector. It is based in the capital city, Nairobi with offices in the counties

Functions of Teachers Service Commission (TSC) Kenya

• To register trained teachers,
• To recruit and employ registered teachers,
• To assign teachers employed by the Commission for service in any Public School or institution,
• To promote and transfer teachers,
• To exercise disciplinary control over teachers,
• To terminate the employment of teachers,
• Review the standards of education and training of persons entering the teaching service.
• Review the demand for and supply of teachers
• Advise the national government on matters relating to the teaching profession.
• The Teachers Service Commission also has a constitutional mandate to exercise disciplinary  control over teachers pursuant to Article 237 (2)(e) of the Constitution of Kenya, 2010.

In carrying out its mandate, TSC uses a number of legal documents as listed below:

• The Teachers Service Commission Act, 2012
• The Teachers Service Commission Code of Regulations for Teachers
• The Teachers Service Commission Code of Conduct and Ethics
• The Teachers Service Commission Code of Regulations for Secretariat Staff
• The Public Officer Ethics Act of 2003
• The Anti-Corruption and Economic Crimes Act of 2003
• The Children’s Act of 2001
• The Kenya National Examinations Council Act 2013
• The Employment Act Cap 226 (Revised 2007)
• vi.The Sexual Offences Act 2006

• Basic Education Act 2013
• Procurement and Asset Disposal Act 2015
• Persons with Disabilities Act 2015
• The letter from the Attorney General on |Lawful Confinement Reference No. CONF/LAD/100 dated 3rd March 1987
• The Ministry of Education Legal Notice No. 56/2001 banning corporal punishment in learning institutions
• TSC/Circular No.3/2010
• Circulars on fees guidelines/tuition/Safety and health

Membership of Teachers Service Commission

The current membership of the Commission consists of:

• Mbarak Twahir
• Tache Bonsa Gollo
• Kinoti Imanyara
• Beatrice Marembo
• Albert Andrew Fred Ekirapa

Payslip

The Teachers Service Commission has introduce an online portal where teachers registered with the commission can check their payslip information or updates.

Teacher Registration

The Teachers Service Commission Act 2012 Article 237, requires the commission to register all qualified teachers before they can teach in any public or private institution. A teacher who meets the requirements for registration will be issued with the certificate of Registration bearing a TSC number within 30 days. The names of all registered teachers will be published every year.

Requirements:

Applicants are required to apply for registration online and the user-guide is also available.

One should scan and upload the following documents:

1. Certified copies of academic and professional certificates
2. National identity card
3. Bank slip
4. One passport size photo
5. KRA pin
6. GP69 form
7. Certificate of good conduct
8. Entry and work permits for non-Kenyans.

Deposit Ksh 1,055 through Direct Banking or Simple Banking. (KSh 1,000 is a non refundable registration fee and ksh 55 for Bank Commission Charge to the TSC)

Kindly note that application for a duplicate certificate will be KSh 2055/- payable to National Bank of Kenya Ltd, Harambee Avenue branch, Account Name: TSC-Secretariat Account Number: 01001005707400

Click here for registration and payment guidelines

*Only original documents should be scanned

Denial of Registration

One can be denied registration if he/she:

1. Lacks the relevant academic and professional qualifications
2. Is not of good moral character has been convicted of a sexual offence or an offence against a learner
3. Has been convicted of a criminal offence which renders the person unfit to be a teacher
4. Is engaged in activities which are prejudicial to peace, good order or good governance in Kenya
5. Suffers from physical or mental infirmity which renders the person incapable of performing the duties of a teacher

Teacher DeRegistration in Kenya

A teacher can be deregistered if he/she:

1. Dies
2. Obtains registration fraudulently
3. Has been convicted of a sexual offence or an offence against a learner
4. Has been convicted of a criminal offence which renders the person unfit to be a teacher
5. Is found unfit to teach following disciplinary proceedings
6. Suffers from physical or mental illness or infirmity which renders the person incapable of performing the duties of a teacher.

Whenever a teacher is deregistered his/her name will be published in the Kenya Gazette.

Teacher Management (Teachers Service Commission)

Recruitment and Selection

Recruitment of teachers by the Commission is demand driven and has been decentralized to TSC County for primary schools and Board of Management for post-primary institutions.

Process of recruitment and selection

1. The Commission will advertise available vacancies and interested candidates will be required to submit application forms to the county/institutions where they would wish to be considered for employment.
2. Short listed candidates will be invited to appear before the recruitment panel.
3. Successful candidates will fill employment forms.
4. Agents will submit completed forms and merit lists to TSC headquarters

Vetting Process

The Commission will vet the recruitment documents in accordance with the guidelines and:

1. Inform the recruiting agents of the outcome of the vetting process.
2. Issue appointment letters to successful candidates. Failure to take up the appointment within the stipulated period will automatically lead to cancellation of appointment.

Aggrieved candidates may channel their grievances to the Commission within two weeks from selection date.

Transfers

Transfer requests are normally considered for approval by the Appointment Board, once, at the end of the year. However, the Commission can transfer a teacher at its discretion. A teacher wishing to be considered for transfer should do so by:

1. Filling in a transfer application form through the head of institution. Transfer forms are available at TSC offices countrywide or can be downloaded from TSC website.
2. Completed application forms should be sent to the TSC or its agents by the head of institution.
3. Transfers for primary school teachers within the county will be handled by the TSC County Director.
4. Transfers outside the county will be handled by the TSC headquarters. Applications for transfer for tertiary institutions are processed at the TSC headquarters.

Transfer requests submitted to the Commission will be acknowledged promptly. The decision of the Appointment Board will later be communicated to the teacher. Transfers will be granted subject to availability of vacancy and replacement.

Professional Misconduct

Teachers who violate the provisions of the Code of Regulations for Teachers and the TSC Code of Conduct and Ethics will face disciplinary action which may include warning or interdiction.

Disciplinary Process

1. A Head of institution may initially issue a verbal warning or caution the teacher in writing on minor breaches.
2. In case of persistent misbehaviour, the teacher may be required to show cause why disciplinary action should not be taken against him/her.
3. From the teacher’s response, the head of institution may serve the teacher with a warning or present the case before the agent.

The agent shall;

1. Investigate and assemble relevant evidence.
2. Invite the accused teacher in writing to defend himself/herself against specified allegation.
3. Call witnesses to give evidence in the presence of the accused teacher.
4. Allow the teacher to cross-examine each witness.
5. In case of desertion where teacher’s whereabouts is unknown, the agent will interdict without any delay.

After the preliminary hearing the agent may reach any of the following decisions;

1. No case to answer.
2. Warn the teacher administratively.
3. Interdict the teacher.

NB: In some cases TSC or agent can interdict a teacher without inviting him/her for preliminary hearing.

An interdicted teacher should write a defense statement within 21 days from the date of interdiction and provide contact address. A case will normally be heard within three months after interdiction. In case of delay the teacher is advised to make enquiries.

Salary during interdiction

Teachers interdicted on cases of incitement, insubordination, infamous conduct and negligence of duty will be paid half salary during the period of interdiction

TSC Determination of a Discipline Case

After interdiction and submission of the required evidence the teacher shall be given a chance to defend himself/herself in person before the Commission. A case shall be heard and determined in the absence of the teacher if he/she fails to appear during the hearing. From the evidence gathered, the Commission may;

1. Revoke the interdiction.
2. Warn the teacher.
3. Suspend the teacher from duty.
4. Dismiss the teacher from service.
5. Retire the teacher in the public interest.
6. Dismiss and remove from the register of teachers.

It is an offence for a teacher to engage in teaching in any institutions (public or otherwise) during the period of interdiction or suspension or on removal from the registry of teachers.

Where a teacher has been suspended from duty, he/she will be posted 14 days before the expiry of the suspension.

A teacher will be posted immediately in cases of revocation and warning. A teacher who does not receive communication within 28 days after hearing should make enquiries to the Commission Headquarters in person.

TSC Nature of Offences

The Commission may take disciplinary action against a teacher who commits any of the following offences:

Immoral behaviour, including but not restricted to:

1. Sexual intercourse
2. Sodomy
3. Lesbianism and
4. Sexual harrasment

Proffesional misconduct including but not restricted to:

1. Negligence of duty
2. Lateness to duty
3. Chronic absenteeism
4. Desertion Incitement and
5. Insurbordination

Infamous conduct including but not restricted to:

1. Drunkeness
2. Fighting
3. Conduct or behaviour which in the opinion of the Commission contradicts the spirit and tenor of Chapter six of the Constitution
4. Forgery/ presentation of forged documents
5. Mismanagement, misappropriation and embezzlement of public funds
6. Any other act of conduct that is incompatible with the teaching proffession

Teachers Pension in Kenya (Teachers Service Commission Pension Information)

Compulsory Retirement

This applies to teachers who have attained 60 years. A notice will be issued two years before the date of retirement. The Commission may issue a shorter retirement notice under special circumstances.

Upon receipt of the retirement notice a teacher shall;

1. Promptly forward all the required documents listed in the notice.
2. Indicate full particulars of his/her bank account in the bank forms.
3. Commute a fraction of his/her pension up to a quarter.
4. Confirm Tax status with KRA and settle any tax liabilities.

Contributory Pension Scheme

Proposed Contributory Pension Scheme

The government proposed a public servants superannuation scheme. This is a defined pension benefit scheme where both the employer and the employee contribute certain proportions towards pension benefits. It is mandatory for those joining service and those below 45 years. Those above 45 years can opt to join.

Benefits of the proposed contributory Pension scheme

1. An employee can transfer pension benefit credits from a former employer to another with a similar Pension scheme.
2. The scheme allows employees to access part of their benefits even before the mandatory retirement age.
3. Teachers joining the scheme from non-contributory pension scheme will have their past benefits transferred to the new scheme.
4. Widows and Children’s Pension Scheme (WCPS) and NSSF contribution will cease immediately an employee joins the scheme.
5. Those who remain in the free Pension Act will be bound by the provision of the Pensions Act cap 189.

NSSF Benefits

Age benefits

Members are eligible for this benefit when they attain 55 years and have retired from regular employment.

Withdrawal benefits

This is a benefit payable to members who have attained the age of 50 years and have retired from formal employment.

Survivors’ benefits

This is payable to members who have been rendered invalid due to physical or mental illness and cannot earn a reasonable livelihood.

Invalidity benefits

Paid to a member who is certified as being incapable of working due to physical or mental disability permanently.

Emigration grants benefits

This benefit is payable to members, without any reference to age, who are emigrating from Kenya to any other country without the intention of returning to Kenya.

Funeral Grant

This is a cash token to support the bereaved family of a deceased member. It is paid to a nominated family representative of the deceased member as long as the latter had made at least 3 months contributions to the NSSF. The grant is payable within three months after the death of the member.

Teachers who served under temporary terms of service should visit NSSF offices in their sub-counties and obtain a schedule showing the amount and period of contribution. Where the amount is not reflected, the statement should be forwarded to the Commission for updating. The benefits are payable in accordance to NSSF Act Cap 258.

Transfer of Service

A teacher who is offered employment by the Public Service Commission will have his/her past service with the Commission transferred to the new Ministry. Such a teacher shall be required to apply for Transfer of service attaching the appointment letter, acceptance of offer letter and TSC clearance certificate.

The Commission will then:

1. Process Transfer of Service documents.
2. Submit documents to the relevant ministry/department

Release to Other Organizations

A teacher who has been appointed to a Public Institution, Teachers Union, non-profit making educational institution or Parastatal should submit an application to the Commission in writing through the head of institution or agent and:

1. Attach a copy of the appointment letter
2. Present letter of acceptance of the offer
3. Present a TSC clearance certificate from the head of institution or TSC County Director in order to be released.

The benefits from the teaching service are suspended until one retires with benefits from the institution he/she was released to.

Death Gratuity

The dependants of a teacher who dies in service are entitled to Death Gratuity and Dependants Pension if the teacher was serving on Permanent and Pensionable terms and was confirmed in the service.

For Death Gratuity to be paid the following shall apply:

1. Deceased teacher’s name is removed from payroll and overpayment recovered if any.
2. The next-of-kin should submit original death certificate and a letter by area chief identifying the next-of-kin and dependants.
3. The next of kin will settle over payment if any.
4. The claim is forwarded to the Director of Pensions for payment.

NB: In case of a dispute, the parties involved are referred to the Deputy County Commissioner for arbitration. The dependants may also seek legal redress from a court of law. Pension is paid to the deceased dependants who are aged below 18 years for a period of 5 years.

Killed while on duty

This is pension paid to dependants when a teacher is killed while on duty. The benefit is payable to the spouse and/or dependants of a teacher who dies as a result of injuries in the actual discharge of duty and without his/her own intention.

NB: The retirees/next of kin are informed when the claims are forwarded to the treasury for payment.

Termination of Service

1. An appointment of a teacher either serving on temporary or probationary terms may be terminated by either the Commission or the teacher, with either party giving one month’s notice in writing or paying one month’s basic salary in lieu of notice.
2. An appointment on P&P terms may be terminated by either the Commission or the teacher, with either party giving three (3) month’s notice in writing or paying one (1) month’s basic salary in lieu of notice.
3. In case of temporary appointment, NSSF benefits are administered as per NSSF Act Cap 258.
4. A male teacher who was a contributor to WCPS qualifies for a refund of the amounts contributed.

Resignation on Marriage Grounds

A married female teacher who has served for a minimum of period of five (5) years on P&P terms can resign on account of marriage.

One is entitled to a marriage gratuity paid at a rate of 1/12 of a month’s pensionable emoluments for each completed month of pensionable service subject to a maximum of one year pensionable emoluments.

Resignation

A teacher on permanent and pensionable terms can resign from service after giving three months’ notice in writing or pay one month’s basic salary in lieu of notice. Resignation will not attract any pension benefits. However, a male teacher who resigns or is dismissed from service is entitled to WCPS refund. Such a teacher should write claiming the refund.

Retirement in Public Interest

A teacher may be retired in the light of his/her usefulness to the teaching service or any public assignment and all other circumstances of the case, such retirement is desirable in the public interest.

NB: Teachers who retire qualify for lump sum and monthly Pension.

Retirement on Medical Grounds

A teacher may apply to retire or be called upon to retire on medical grounds and he/she should attach supportive medical documents.

Procedure

1. The Commission will write to the Director of Medical Services (DMS) to convene a medical board.
2. The Medical Board will assess the teacher and give a recommendation to the DMS who in turn advises the Commission.
3. The Commission will retire the teacher on medical grounds.

Voluntary Retirement

A teacher may apply to retire on attainment of 50 years and on completion of 10 years continuous service on Permanent and Pensionable terms. Such a teacher shall apply in writing through the head of institution giving three months’ notice, stating the intended date of retirement.

Upon receipt of the application the Commission shall: Consider the application and issue a retirement notice. Process retirement claim upon receipt of required documents from the teacher. The claim will then be forwarded to the Director of Pension,Treasury, for payment.

Teachers Service Commission Finance Details

TSC Returned Salaries

Salaries are returned to the Commission due to:

1. Closure of your current bank account before the new one is operational.
2. Recalling of salary by the Commission.

Any returned salary should be claimed in writing through the head of institution.

Over Payment

An employee is required to notify the Commission of any erroneous payment. Where the over payment is as result of death, the next of kin should notify the bank immediately. To prevent over payment, Heads of institutions should report cases of death and absenteeism within 48 hours.

Recovery of over payment

Over payment constitutes government liability whose recovery takes priority over all other deductions on payroll. Over payment will be recovered as follows:

1. In reinstatement cases, outstanding over payment will be recovered in full
2. In cases of retirement or death, any government liability is recovered in full from pension benefits or gratuity.

TSC Allowances

Allowances paid to teachers are classified as either remunerative or reimbursable.

Remunerative allowances are paid with salary while reimbursable allowances are refundable upon application.

Remunerative allowances

There are two types of remunerative allowances;

Automatic

which include:

• house
• medical
• commuter
• hardship

Paid on application

which include:

Responsibility allowance

This is paid to headteachers,deputy headteachers and senior teachers who are at Job Group K and below.

Special duty allowance

This is payable to teachers below job group M appointed to administrative posts by commission and deployed in arid and semi-arid lands.

Readers allowance

This is paid to a visually impaired teacher who has engaged a reader whose minimum qualification is not below KCSE D+/KCE Division III. The allowance is paid at a fixed rate determined from time to time by the commission.

Interpreters Allowance

This is payable to deaf teachers who engage interpreters while on study leave.

Special school allowance

This is paid to teachers specialized in special needs education and who have been deployed to teach in special schools or units.

Transfer Allowance

This is payable to teachers who have been transferred from one district to another, provided the transfer is initiated by the Commission.

 

Reimbursable Expenses

The commission reimburses the following expenses to teachers

Travelling expenses:

The teacher is eligible for reimbursement only in the following circumstances;

1. Where a teacher’s interdiction has been revoked.
2. While traveling to attend an interview
3. Travelling to a station on first posting outside home District
4. Traveling from duty station outside home District on retirement
5. Teachers working in hardship areas travelling to and from home during school holidays. The teacher’s home District must be outside the hardship area.

Teachers should apply on prescribed forms attaching supporting documents.

Quota per diem:

This is daily subsistence allowance paid to teachers on official assignment. Application must be made at least 14 days before travelling.

Teachers Service Commission Human Resource

Reporting for Duty

Reporting for Duty

Upon employment, the teacher is required to report to the duty station within two weeks from the date of posting. The head of institution should then promptly submit a Casualty Return to the TSC headquarters.

Appointment to payroll

The effective date of appointment should not be earlier than the one indicated in the letter of offer of employment. The salary entry point, grade and automatic allowances will be based on qualifications and previous experience.

Promotions

Promotions are guided by the provisions of the three existing schemes of service namely;

1. The Scheme of Service for Non-Graduate Teachers
2. The Scheme of Service for Graduate Teachers
3. The Scheme of Service for Technical Teachers and Lecturers

Type Of Promotions

Common cadre

These are promotions effected after completion of 3 years, subject to satisfactory performance and does not require one to be interviewed. Graduate Teachers who enter the service at Job Groups K will be promoted to Job Group L. Likewise Trained Diploma and Approved Teachers (ATS III – I) who enter the service at Job Group J will be promoted to, K and L after serving three successful years in each grade. Technical Teachers and Lecturers The head of institution is required to submit a performance report.

Advertised Posts

Promotions to Job Group “M” and above for all teachers, is subject to advertisement of post and interview. A teacher must have served for at least three years in the present grade. Interested candidates are required to apply on prescribed forms and attach relevant documents. The Commission shall acknowledge all applications upon receipt and interview short listed candidates. The outcome of the interviews will be communicated to all candidates. Successful candidates will be issued with promotion letters and deployed appropriately.

Teachers Service Commission Leave Information

Annual Leave

A teacher is entitled to 42 days annual leave, which should be taken during school holidays. A teacher who is not on annual leave is assumed to be on duty even during school holidays.

Maternity & Paternity Leave

Maternity Leave

A female teacher is entitled to 90 calendar days maternity leave from the date of confinement. This leave is exclusive of annual leave. The application for leave should be submitted to the DEO/MEO/DCE through the head of institution at least one month before the leave is due and must have supporting medical documents.

Paternity Leave

A male teacher can apply for paternity leave of up to 10 days within the period of spouse’s maternity leave. Where a teacher has more than one wife, he will be entitled to the leave in respect to the one whose name appears in the National Health Insurance Fund (NHIF) Card. The application for leave should be submitted to the DEO/MEO/DCE through the head of institution attaching a letter of the spouse’s confinement.

Compassionate Leave

A teacher is allowed a maximum of 15 days compassionate leave in one calendar year to attend to special needs such as bereavement, sickness or hospitalization of dependants. Teachers should apply to the head of institution or agent for approval.

Study Leave

Study leave will be granted in line with the policy existing from time to time.

Procedure of applying for study leave

1. The application should be forwarded to the Commission at least one month before the commencement date.
2. An application should be accompanied by the admission letter.
3. A teacher should not proceed on leave before approval and formal release.
4. Once granted, leave should be utilized for the approved purpose failure to which disciplinary action will be taken.
5. Teachers should report for posting 30 days before expiry of the leave and provide evidence of having undertaken studies.
6. Those on study leave lasting less than six months should report back to their stations for allocation of duties. Their heads of institutions should inform the Commission immediately.

Bonding

Teachers who are granted study leave with pay will be bonded to work for the commission as follows:

1. For courses lasting six months but less than one year will be bonded for a period of one year.
2. For courses lasting less than two years will be bonded for two year.
3. Those attending courses lasting two years or more will be bonded for three years.

Where a teacher under bond obligation chooses to terminate his/her service, he/she will be required to pay in full the total cost of training, the salaries and allowances paid to him/her while on study leave.

Self-sponsored teachers will be required to repay an amount equivalent to the salaries and allowances paid to them while on study leave. The bond will not be applicable to those who have proceeded on unpaid study leave.

Special Leave

The Commission may grant special leave with pay to a teacher who has been selected to attend a meeting, conference or seminar of short duration which is of national interest or relevant to the teachers’ duties.

The Commission may also grant special leave without pay to an officer who is obliged to be away from duty station.

Teachers applying for special leave should do so in writing attaching relevant documents. Teachers should not leave the station before leave is approved.

Leave to Spouses of Diplomats

A teacher whose spouse is a diplomat will qualify for unpaid leave during the period of the spouse’s assignment of duty outside Kenya. Application for the leave should be accompanied by the letter of spouses posting.

Teachers Service Commission Contacts