Teachers Service Commission, TSC, is an independent body that employs, deploys, disciplines, promotes and dismisses teachers in Kenya.
Today am going to take you through basis in which a teacher
can be interdicted (an initial stage of dismissal) and the amount of evidence
required.
According to the guidelines provided in the codes regulating
the teaching service in Kenya, management of discipline cases is conducted in a
simple, fair and effective manner.
Here is a list of TSC offences and evidence required for
interdiction
- Immoral
behavior
- Sexual
intercourse
- Sodomy
- Lesbianism
- Sexual
- harassment/flirtation/indecent
Act
- Love
relationship
- Exposure
to pornographic
materials
Evidence required
- Handwritten
statement from victims/witnessed
- Exhibits
- Love
letters
- Photographs
- Gifts
- Agreements
- Court
proceedings
- Investigation
reports by heads of institutions, county Directors or Sub-county
Directors.
- Minutes
of BOM following interview of pupils/students, teachers and other
witnesses.
- County
discipline panel minutes.
2. Professional Misconduct
A. Negligence of duty
- Willful
neglect to perform any work or careless or improper performance of any
work assigned to the teacher.
- Failure
to teach scheduled lessons .
- Failure
to prepare professional documents e. g. schemes of work.
- Allowing
examination cheating.
- Grading
fake marks.
- Failure
to perform T.O.D. duties.
- Failure
to attend school assemblies and official
meetings. - Failure
to take students for official duty/functions.
Evidence required
- Staff
meeting minutes.
- Police
reports
- Written
reports by agents/County Directors/Supervisors.
- Statements
from witnesses.
- Minutes
where teacher and witnesses were interviewed.
- Investigation
reports.
- Statement
from witnesses.
B. Chronic Absenteeism
- Persistent/repeated
absence from
duty without permission - Lateness
for duty
Evidence required
- Casualty
returns
- Letters
from authorities reporting the teachers absence.
- Monthly
staff returns.
- Warning/show
cause letters for absenteeism.
- Daily
attendance registers/clock in register.
C. Desertion of Duty
Absence from duty for 14 continuous days ( without written
permission) including weekends and public holidays. These may include:
- Failure
to report for posting after expiry of study leave.
- Proceed
on study leave without approval.
- Failure
to report to new station after release.
Evidence required
- Casualty
returns.
- Letters
from relevant authorities reporting the teacher’s desertion/release or
reporting for duty.
- Letter
granting study leave stating when to resume duty.
- Monthly
staff returns.
D. Insubordination
Failure to obey official/instructions from supervisors e.g.
Commission Secretary, Heads of Institution, County Directors and Sub-County
Directors . e.g.:
- Failure
to respond to letters from supervisors.
- Failure
to take up posting after disciplinary process/transfer/deployment.
- Proceeding
on transfer without formal release.
- Failure
to forward correspondence by teachers to and from the Commission.
- Failure
to handover/takeover an institution upon transfer.
- Failure
to submit books of accounts.
Evidence required
- Written
reports by agents/County Directors/Supervisors.
- Letters
giving directives/instructions and evidence of failure to adhere.
- Statement
from witnesses.
- Minutes
of the full BOM, minutes where the teacher and witnesses were
interviewed. - Minutes
of disciplinary panel.
- Investigation
reports.
- Staff
meeting minutes.
- Police
reports.
- Medical
reports.
E. Infamous Conduct in any Professional Respect
- Drunkenness
or any form of intoxication during working hours.
- Fighting
in public or any violent
- behavior
that may bring the profession to disrepute.
- Conduct
or behavior which contravenes chapter Six (6) of the Constitution.
Evidence required
- Written
reports by agents.
- Show
cause letters.
- Statement
from witnesses.
- Minutes
of the full BOM minutes where the teacher and witnesses were interviewed.
- Investigation
reports.
- Police
reports.
- Medical
reports.
F. Forgery/Impersonation /Collusion/Fraud and Corrupt
deals/Bribery
- Causing
payment of salary to teachers not on duty e.g. desertions, deceased
persons.
- Failure
to report offences by teachers.
- Forged
signatures/stamps.
- Obtaining
registration through fraudulent means.
- Submission
of incorrect staff returns.
- Submission
of forged certificates.
- Misrepresentation/falsifying
information.
- Some
exam malpractices/irregularities.
Evidence required
- Sample
signatures/rubber stamps.
- Copies
of forged documents/certificates.
- Confirmation
of certificates by the issuing bodies e.g. KNEC, universities.
- Investigation
reports.
- Statements
by those impersonated/witness/experts in the related fields.
G. Mismanagement/Misappropriation/Embezzlement of Public
Funds
Mismanagement is handling of public funds and
/or property in an inefficient,
irregular or in any manner likely to cause loss to the institution.
Misappropriation is use of public funds for unauthorized purposes
by a teacher.
Embezzlement is the fraudulent conversion of public funds and
property entrusted to a
teacher to personal use.
- Loss
of public funds through negligence.
- Failure
to account for public funds as per
the Law.
Evidence required
- Financial
reports presented to BOM and minutes.
- Final
audited accounts/Annual audited reports/interim audited accounts,
promissory notes.
- Investigation
reports, relevant financial and accounting documents.
H. Conviction of Criminal Offense
A teacher is interdicted upon conviction (being found guilty
of a criminal offence). Jailed/fine or non custodial sentence.
- Conviction
of a sexual offence or any offence against a learner.
- Conviction
of a criminal offence which in the opinion of the
- Commission
renders the person unfit to be a teacher.
Evidence required
- Casualty
return showing the date arrest/imprisonment.
- Copy
of charge sheet showing nature of offence.
- Certified
copies of court proceedings and judgment (CPJ).
- Letters
from authority reporting the arrest/reports.