The teachers service commission, TSC , is proposing amendments to its governing law that would significantly expand its powers, potentially escalating the tug of war with the Ministry of Education.

In a proposal to amend the Teachers Service Commission Act – the supreme law that governs the teacher employer – the TSC is seeking more regulatory powers over teachers and control over their continuous professional development (CPD).

“In the performance of its functions, and the exercise of its powers, the commission shall have power to review any of its decision on its own motion and regulate its own practice and procedure,” the proposed amendment reads.

This directly contradicts recommendations made by the presidential working part on education reforms , which called for stripping the TSC of these responsibilities and creating a new body, the Kenya Professional Teaching Standards (KePTS), to handle them.

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The proposal could fracture the relationship with the Ministry.

The TSC’s mandate would expand to ensuring professional teaching standards.

However, the TSC’s push would lead to duplication of duties should the amendment to the law get a green light and the proposals by the presidential working party sail through.

Last week, TSC chief executive Nancy Macharia, called on the public to submit their input on the proposed change in law.

In the Notice, seen by the Standard, Dr Macharia said the changes are necessary to align the law with the relevant national policy and legislative changes that have taken place since its enactment 12 years ago.

“Pursuant to Article 10 of the Constitution, the Commission hereby invites stakeholders and members of the public to submit written memoranda on the proposed amendments to the TSC Act,” the notice reads.

The public has until 5pm on February 15 to submit their submissions on the proposed changes. They are required to write to the Secretary TSC.

The proposed amendment also seeks to maintain powers to train in-service teachers – those already employed – with the TSC.

In the TSC Amendment Bill, the commission seeks powers to continue providing capacity-building programmes and training to improve the professional competence of teachers.

The amendment also states that teachers will be required to continue taking continuous professional development and acquire a practising certificate.

However, the Presidential Working Party on Education Reforms had proposed that this mandate be transferred to the Ministry of Education.

The team recommended the establishment of the Kenya School of Teacher and Education Management (KeSTEM) which will coordinate professional training of teachers; the entity would be under the Ministry of Education.

“Additionally, KeSTEM will take over and offer Continous Professional Development in the following teacher training colleges: Kigari, Shanzu, Garissa, Asumbi, Muran’ga, Mosoriot, Narok and Machakos,” the Presidential Working Party report reads.

And in what could spell doom for thousands of teachers facing disciplinary action, TSC further seeks powers to take action on matters relating to the character and conduct of a person without the burden of strict rules of evidence.

“In the performance of its functions, and the exercise of its powers, the commission shall have powers to establish, designate and appoint institutions for capacity building and the professional development of its employees,” reads the Presidential Working Party report.

The proposed changes come on the backdrop of disquiet between the Ministry of Education and the TSC which has seen some exchanges on various in the education sector.

The most recent being a disagreement on TSC’s decision to withdraw all teachers from st Gabriels Isongo secondary school after residents ejected the principal over poor 2023 KCSE results.

Education Cabinet Secretary Ezekiel Machagu criticised TSC saying any decision made in a learning institution should always ‘put the interest of the child first.’

Other changes TSC is seeking touch on the appointment of the commission’s top leadership.

The amendment provides that at least two-thirds of those sitting at the helm of TSC are teachers, educators or have experience in education.

“In nominating and appointing members of the Commission, the President shall ensure that two-thirds of the members have knowledge, skills and experience in education,” reads the amendment.

For the appointment of the TSC Chairperson, the changes dictate that the President within 14 days of a vacancy in that office appoint a selection panel to recruit a suitable candidate.

The selection panel will then consider applications, shortlist the applicants and publish the names in two newspapers of wider circulation and interview the candidates.

Upon completing interviews, the panel will then submit the names of three successful candidates to the President and three other names for consideration as members of the commission.

The President will then be required to within 7 days after receiving the names, nominate a person for appointment as chairperson and members of the commission and forward the names to Parliament for approval.

The Teachers Service Commission (TSC) is seeking Sh4.3 billion to promote teachers and to fund the Teacher Professional Development (TDP) programme. Of the money, Sh2.2 billion will go towards promotion of about 14,000 tutors who have stagnated in the same job group over the years as well as those who have attained higher qualifications while Sh2.1 billion will fund the TPD programme.

In a presentation made before the National Assembly’s education committee that is scrutinizing the 2023/2024 budgets, the commission said it also requires more money to recruit 20,000 interns as well as implement the comprehensive medical cover for teachers. “The Commission has prepared the 2023/24 financial year and the medium term estimates guided by its strategic plan, the Medium Plan, the Vision 2030 and, the National priorities as articulated in the Kenya Kwanza Manifesto.

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One of the critical issues addressed by the Manifesto is the need to expand access to quality services in Health, Education and appropriate safety nets for vulnerable populations,” said Macharia.

TSC Chief Executive Nancy Macharia told the committee that a number of teachers have stagnated in one job group for a long time leading to demotivation and low productivity. “This state of affairs in turn affects the provision of quality education to learners. TSC requires Sh2.2 billion to carry out the promotion of teachers in different job cadres,” said Macharia

Teacher employer says Sh2.2 billion will go towards promotion of those stagnated over many years. The move comes after the commission last month advertised promotions for over 14,000 senior teachers in line with Career Progression Guidelines (CPG). Of these, 13,713 are principals, deputy principals, senior masters, secondary teachers, head teachers and deputy head teachers in secondary and primary schools. The highest vacancies in this category are Deputy Head Teacher II for regular primary schools, which have 7,720 posts. TSC is also expected to promote 2,733 head teachers for regular primary schools, 1,330 Secondary teacher I, 725 Deputy Principal II, 602 principals for regular schools, 224 Deputy Principal III for secondary schools and some 208 Senior Master II

On TPD, Macharia explained that due to the dynamic teaching environment, professional teacher development is a prerequisite for effective teaching and learning in the classroom. TPD involves the career-long processes and related systems and policies designed to enable educators (teachers, administrators, and supervisors) to acquire, broaden, and deepen their knowledge, skills, and competencies in order to effectively perform their work. “Professional Development is the continuous updating of professional knowledge and improvement of personal competence throughout one’s teaching life,” she said. With regards to the recruitment of 20,000 intern teachers, Macharia explained that this is aimed at reducing the shortage of teachers in public schools as well as ensure that learners receive quality education “This intervention alone will have a number of spiral effects; one it will create employment for the many young people who are currently unemployed secondly, improve the quality of education and also improve the living standard of many households across the country,” she added on the comprehensive medical cover for teachers and their dependents, she said that they need funds to implement the said program.

Currently she said the medical scheme covers more than one 1,000,000 members across the country and is part of expanding access to quality health care envisaged in the Manifesto. Meanwhile Macharia also said that they require another Sh300 million to finance various programs and activities at the county and sub-county levels. According to Macharia, TSC county and sub-county offices are very key in the implementation of Teacher Performance Appraisal and Development (TPAD) and Performance Contract implementation and oversight as required by section 11(c) of the TSC Act 2012. “They play a big role in the timely dispensation of pending discipline cases and the implementation of teaching standards,” she said.

Teachers Service Commission (TSC) has now requested an estimate budget of Ksh 1.5 billion to implement capacity building programmes for teachers.

The capacity building will involve various areas that the commission has identified which requires urgent intervention and further due to emerging needs and challenges in the teaching sector.

According to TSC, the identified areas which teachers will require capacity building include Competency Based Curriculum (CBC) training for proper implementation of CBC education system.

“It is critical that teachers are trained to equip them with sufficient knowledge and skills on how to deliver the CBC curriculum,” the Commission Secretary and Chief Executive Officer (CEO) Dr. Nancy Macharia told the Parliamentary Committee on education in February 2023.

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The said amount will also include induction of newly appointed institutional administrators with the training focusing on areas of concern such as financial management, procurement and institutional management and governance issues.

Another area identified by the Commission that teachers will require training is on mentorship and coaching.

“This is informed by the need to enhance professionalism in the teaching service especially among the newly recruited teachers and newly appointed Institutional Administrators,” she added.

Due to increased number of Commission employees; teachers and secretariat, with mental health issues, the Commission notes that it is necessary to deepen guidance and counseling, adding that it intends to partner with psychiatric institutions to help on the issue.

The Teachers Service Commission (TSC) has chosen to give priority to teacher promotion instead of TPD. The commission has pledged to promote 12,634 teachers this year promote.

According to TSC CEO Nancy Macharia, the commission will spend at least Sh2.2 billion to promote the teachers who have stagnated in the same job group for many years.

She revealed that Sh600 million will be used to move 4,595 primary school teachers, currently in Job Group C1, to Job Group C2.

Additionally, Sh400 million will be used to promote 2,637 graduate teachers to Group C4 from Group C3. Over Sh175 million will be needed to promote 652 graduate teachers in Grade D3 to Grade D4.

“Another 4,750 diploma teachers in Job Group C2 will require Sh1 million to be promoted to Job Group C3,” she told the National Assembly Education Committee.

The education committee’s chairman Julius Melly urged the commission to compensate and promote teachers who had stagnated in the same job group for many years as well as those who have been working in an acting capacity.

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“How will the teachers who have been acting as principals, deputies or heads of a department be compensated? Failing to promote them means their retirement package will be affected,” Melly said.

Macharia said the stagnation of teachers in the same job groups was due to the lack of funds and asked the government to provide the Sh2,175,038,528 they needed to carry out the teacher promotion.

“We have been unable to promote teachers because of financial constraints. The commission has not received funds to promote teachers since the implementation of the 2021-2025 Collective Bargaining Agreement CBA. This has tainted the commission’s image,” Macharia said.

Malava MP Malulu Injendi sought to understand what TSC’s priorities were in its strategic plan.

“We have seen in your tabulations. You want us to give you Sh2.1 billion towards a Teacher Professional Development (TPD) programme to improve their pedagogical skills, management skills and learning outcome,” Injendi said.

He added: “Between the TPD programme and teachers’ promotions, which is your priority area.”

Macharia said: “To address the problem, the commission requires Sh2.2 million to promote teachers. Those teachers who were employed as interns will be absorbed under permanent and pensionable terms, paving the way for new cohorts of teachers to be admitted to the commission.”

Melly asked the commission to provide the roadmap for reforms and innovations in the provision of teaching services to learners in the delivery of curriculum in schools.

He observed that as of now, learning in some Grade Seven classes is at standstill due to a shortage of teachers. He said this denies learners equity and inclusivity in the management of the teacher resource.

“In some schools, there is not even a single Junior Secondary School teacher, and in others, the ministry has only posted one. It is the reason we are calling on TSC to move fast to address the problem of shortage of teachers,” Melly said.

Macharia assured the committee that the commission’s focus areas are the recruitment of additional teachers to address the existing shortage and the building of the capacities of teachers on the competence-based curriculum.

TSC promised to employ more teachers as long as the government provides resources.

“The commission wishes to review the 2021-2025 CBA on salaries with an aim to motivate teachers under the employment of the commission,” Macharia said.

Macharia observed that an additional 450 secondary school teachers will be hired.

“We had a budget to hire 36,000 teachers last year. We managed to hire 35,550 teachers,” Macharia said.

The four universities accredited to offer refresher courses to secondary school teachers are likely to suffer a big blow after the Teachers Service Commission (TSC) hinted at discontinuing the programme. TSC chief executive Nancy Macharia told lawmakers it is considering abandoning the use of the universities to offer the short courses, known as Teacher Professional Development (TPD) training, and instead revert to the existing Teacher Training Colleges to run the programme. She said the decision aims to address costs and other logistical challenges that it faced in the rolling out of the programme.

The universities currently offering the training are Mt Kenya, Kenyatta and Riara universities as well as the Kenya Education Management Institute. “In view of the feedback from teachers and other stakeholders, the commission is in consultation with the Ministry of education to use the existing teacher training colleges as centres for capacity building and professional development programmes for teachers. This will address the issue of costs and other logistical challenges the commission has faced in rolling out the programme,” said Macharia.

While appearing before the implementation committee to give the status of TPD following the resolution of parliament to have the programme suspended, Macharia further explained that their decision also follows the high court decision to dismiss the case against the implementation of the training as well as the numerous feedback from teachers as well as stakeholders. The contract awarded to the four universities is expected to come to an end in September yet TSC has not yet begun the implementation process.

Macharia’s sentiments will be music to teachers’ ears as they have raised concerns over the programme on grounds that it is too expensive for them. She added, “Members as I said this is just the start but we learnt our lesson, we now know better. We have accredited some institutions we will accommodate even more. I want to assure you that we have learnt and things will change in the second phase.”

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She however defended the private universities saying they were accredited to offer the said programme after they applied for the tender when the commission advertised for it She said that it is unfortunate that some of the public universities did not tender for the said exercise and thus the commission’s hands were tied. “We did not lock out anyone from this tender, we advertised and institutions applied, I don’t know why some of these universities did not apply. It is regrettable that some of these institutions did not apply because it would have been very helpful to teachers as they would not have been forced to travel to get the training,” she said.

Macharia made the remarks on the day lawmakers demanded to know the criteria the commission used to accredit the four universities as well as the process it adopted to settle on the Sh 6000 that each teacher is supposed to pay annually to undergo the training.

The committee members took on the commission accusing it of overseeing an exercise that is biased, expensive and discriminatory. They argued that public universities should have been given the first priority when it comes to offering the said courses as TSC is a public institution funded by the exchequer.

The Education committee of the twelfth parliament recommended the suspension of the training on grounds that teachers were not involved and consulted in coming up with the plan. Committee chairperson and Budalangi MP Raphael Wanjala told TSC to explain whether public participation was undertaken before settling on the said programme. Marakwet West MP Timothy Toroitich who also asked TSC to explain how it arrived at the figure of Sh 6,000 claimed that private universities selected to offer the said programme will rake in more than Sh one billion which should have been channelled to public universities.

According to the commission, teachers will be required to pay Sh6,000 every year for the training sessions, assessment, reporting and other associated costs that in the end will see a teacher paying Sh30,000 to complete one module in five years and Sh180,000 for the three decades six modules. “Out of simple calculations we have seen that all teachers will be required to pay about Sh 4.5billion and private universities will get more than Sh one billon from this yet this is money that should have been given to public universities,” he said.

Teacher professional development (TPD) centers contracted by the Teachers Service Commission (TSC) will for the first time conduct a face-to-face TPD training.

Since its launch, the training has been online with fewer cases where teachers attend the various accredited institutions physically for their training, mostly in the evening or at night.

Already the TPD training venues were identified by the TPD service providers in each Sub County.

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TSC announced the launch of the TPD on September 22,2021, requiring all the teachers registered with the commission to undertake the six-module course that would form the basis of their promotion and employment going forward.

There are six modules in the programme. The training is conducted during holidays. At the end of each module, teachers will be given several points.

After completing all the modules, teachers will be eligible for re-certification and promotion since the modules have been anchored in the career progression guidelines.

Each teacher is to pay Sh6,000 for each module, which would be valid for five years, before taking the next module.

According to ISC only teachers with a teaching license wil be allowed to teach and only to be issued after taking the modules.

The Commission picked Mt Kenya University, Kenyatta University, Riara University and the Kenya Education Management Institute to offer the professional training.

However teachers are looking forward for President William Ruto to pay for the cost of TPD training as promised.

During the campaigns and manifesto launch at the Moi Sports Centre Kasarani,Nairobi, Ruto said his government will pay for the controversial teacher training programme.

This pledge by now the fifth President of the republic is further emphasized through the Kenya Kwanza Education Charter.

“Ensure that all the government-initiated capacity building trainings including Teacher Continuous Professional Development are undertaken by trainers free of charge,” reads the document.

Most teachers are yet to join the training saying they can’t afford the cost due to their shrinked payslips.

Currently those attending are taking the introductory module which ends in December this year and will be awarded their certificates which will increase their chance for promotion.

The December training will start after schools close for third term. Schools will close on 25^th November 2022 and reopened on 23rd January 2023 according to Ministry of Education school term dates.

Recently TSC got a boost after dismissal of a petition challenging implementation of TPD programme.

The Employment and Labour Relations Court in Nakuru dismissed a petition by Joseph Ngethe Karanja who wanted the programme disbanded citing lack of public participation and violation of teachers’rights.

However Justice David Nderitu gave TSC the green light to continue with the execution of the TPD programme after finding the process to be in line with the Constitution.

Commissioners from the Teachers Service Commission (TSC) have embarked on a countrywide collection of views from stakeholders in the teaching service in a bid to steer service re-engineering.

Among the views that teachers have given so far from the few regions visited revolve around TPD, TPAD, Promotions, delocalization and salary increment.

A section of teachers who gave their views have asked the commission to abolish TPD and recognize masters and phds, rather than subjecting teachers to constant classroom work. They asked TSC to at least pay the required ksh. 6000 and reduce the duration of the program if it has to be there.

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Another section of teachers from rift valley region have strongly opposed the delocalization policy and asked TSC to consider transferring the delocalized teachers back to their home counties or closer to their families. Further, th asked TSC to do away with the maternity CBA and replace it with a monetary one.

The Commissioners will basically collect views on everything about teachers, secretariat staff work environment, workability of policies and what need to be reviewed regarding the service.

In a circular dated June 16th,2022 signed by the Director of Administrative Services Ibrahim Mumin, the Commission had asked all Regional and County Directors to collect information from staff in all sub-counties, key stakeholders and teachers within their jurisdiction on how the Commission can improve its service delivery on its functions and critical business.

The Circular, which was also copied to the Commission Secretary and Chief Executive Officer (CEO)Dr. Nancy Macharia, gave the TSC Regional and County Directors up to June 29th,2022 to complete the exercise.

The identified functions and critical business processes that the Commission identified as critical to its operations and which views are supposed to be collected include; registration, recruitment, transfer and promotion of teachers, adjustment of payroll on promotion, payment of arrears, management of teacher discipline(determination and review),processing of benefits on exit from service, review of teaching standards, enforcement and compliance, customer experience and handling of complaints.

The Commission automated some of its processes including registration, recruitment, promotion and transfer of teachers though according to the Commission in the Circular, some emerging issues in the implementation and the dynamic nature of quality services has necessitated the need for continuous improvement.

The teachers service commission has been given a green light to proceed with the rollout of the Teacher Professional Development programme (TPD) after a petition challenging its implementation was dismissed by the court dismissed.

The Nakuru-based Employment and Labour Relations Court has allowed TSC to continue with the execution of the programme after it found the process to be in line with the Constitution.

The petition by one Joseph Ngethe Karanja has been dismissed by Justice David Nderitu for lack of proof.

According to justice Nderitu, Karanja crafted a petition alleging violation of specific constitutional provisions and articles but failed to provide adequate evidence to prove the mentioned violations.

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TPD was launched by TSC on September 22, 2021, a move which required all the teachers registered by the commission to undertake the six-module course that would influence their promotion and employment going forward.

Logistically, each tutor was to pay Sh6,000 for each module, valid for five years, before taking the next module.

The commission contracted Mt Kenya University, Kenyatta University, Riara University and the Kenya Education Management Institute to offer the professional training.

Karanja moved to court on September 27, 2021, determined to stop the implementation of the programme due lack of public participation and violation of teachers’ rights.

Karanja further accused TSC of failing to engage education stakeholders before rolling out the plans and breaching procurement laws in the appointment of the institutions that should carry out the training.

He felt that TSC was imposing an expensive programme through a collective bargaining agreement minus engagement of stakeholders.

TSC, through its lawyer Lawrence Karanja, said it was only performing its mandate in line with the Constitution in reviewing the standards of education and training of persons joining the teaching profession.

Through an affidavit sworn by Dr Reuben Nthambiri, the teachers’ employer said that it fully engaged the stakeholders including Kuppet and Knut in the development of modules and launch of the programme.

“Besides the fact that the training is founded in the law, it is good in improving the standards of professionalism of teachers, leading to better quality of education,” stated Dr Nthambiri.

The four institutions of higher learning also defended their appointment saying it followed due procedure.

Mount Kenya University, through an affidavit by Dr Christopher Mutembei, maintained that there was transparency and fairness in the process of tendering and eventual appointment as one of the institutions to offer the TPD training and related programmes.

In his judgement, Justice Nderitu said there was no evidence of complaint from a bidder who failed to win the award.

Furthermore, Justice Nderitu said, there was no evidence on record from any teacher or a member of the teachers’ unions supporting the allegations made by the petitioner.

Kenya National Union of Teachers (KNUT), has told all teachers who are financially able to enroll for teachers’ refresher course, dubbed Teacher Professional Development (TPD) to do so if they are really interested in improving their skills.

Speaking at the KNUT headquarters in Nairobi, KNUT Secretary General Collins Oyuu stated that the programme needs support from parties for it to succeed, and teachers are the major parties.

“The commission is seeking for funds towards the same. In the meantime, all teachers who are capable of financing themselves to pursue the programme should enroll for it since it is a regulatory requirement enshrined in the constitution, “he said.

He further praised the programme, maintaining that it improves the teachers’ pedagogical and management skills as well as learning outcomes, and therefore it needs support from both parties to ensure that it succeeds.

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According to Oyuu, TPD is a requirement in the teaching service and that that KNUT agreed with TSC to organize sensitization workshops to all teachers so as to make them understand TPD and its implementation.

“TPD was structured and rolled out in 2013 through the required statutory laws.It was then an integral part of the 2015 reviewed Code of Regulations for Teachers(CoRT) and finally became a discussant in the 2016-2021 CBA,”said Oyuu.

He further added that the union discovered that the commission did not invest in sensitizing teachers on its need, usefulness, involvement and it benefits.

“In its roll out, some resistance was witnessed from stakeholders and the public majorly because proper sensitization was not carried out,” he added.

Oyuu stated that KNUT leadership should work together with other stakeholders to secure a budgetary allocation particularly to fund the training for all the teachers, since the teachers are currently financially strained having not received any salary award in the recent past.

The Kenya National Union of Teachers (Knut) will meet with the teachers’ employer, Teachers Service Commission (TSC) this week for talks revolving around career progression guidelines and the possibilities of a pay increment deal.

KNUT secretary general Collins Oyuu said the union and TSC will hold a retreat in Naivasha, where they will discuss an Education committee report and teachers’ professional development training, among other issues.

According to Oyuu, the meeting will start on Tuesday July 5 evening and end on Friday July 8. He said they are hoping to restart discussions on the review of the 2021-25 collective bargaining agreement (CBA) that did not give teachers a pay increase. In the CBA, they increased maternity days for female teachers from 90 to 120.

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The CBA also allows male teachers to go on paternity leave and allows promotion of teachers in arid and semi-arid areas. This left other teachers without a pay increase for five years from 2021 to 2025. Mr Oyuu said they have recruited 100,000 new members in one year since his team took over, increasing membership to 115,000, up from the 15,000 he found at the time of his election on June 26 last year.

The number was down from the 187,000 Knut had a few years ago. “When I came in as secretary general, Knut was facing many challenges ranging from low membership, financial starvation, to a bad blood that had been created and existed with the TSC,” he said.