Teachers in Acting Capacity under TSC to Commence Receipt of Special Duty Allowance
Bill Proposed in Parliament to Grant Special Duty Allowances to TSC Teachers in Administrative Roles
A new legislative proposal has been introduced in Parliament aimed at ensuring that teachers serving as administrators under the Teachers Service Commission (TSC) receive special duty allowances. This initiative seeks to rectify the longstanding issue where teachers have been assigned administrative duties without formal appointments and corresponding compensation.
Background of the Proposal
The Teachers Service Commission [Amendment] Bill, 2024 addresses the need to provide fair remuneration to teachers who have been continuously serving in acting capacities without appropriate compensation. If passed, the bill will establish limits on the duration teachers can serve in acting roles before confirmation, alongside provisions for allowances specific to administrative duties.
Key Amendments Introduced by the Bill
The proposed bill introduces critical changes to the TSC Act, 2012:
- Payment of Allowances: It mandates the payment of allowances to teachers serving in both acting capacities and as teachers, following consultations with the Salaries and Remuneration Commission.
- Time Limits for Acting Roles: It sets a timeframe of between 30 days and 6 months for teachers to serve in acting positions before confirmation.
- Qualification Requirements: It stipulates that only qualified teachers can be appointed to act in administrative positions, ensuring suitability for the roles they undertake.
- Special Duty Allowance: The bill proposes special duty allowances for teachers assigned administrative roles that are not aligned with their teaching grades, with specific consideration for regions like dry or semi-arid areas where qualified teachers may be scarce.
Current Challenges Addressed
Financial constraints have hindered the TSC’s ability to promote teachers, resulting in a backlog of promotions and leaving many teachers who serve in administrative capacities without formal appointments or adequate compensation. This situation has also created stagnation in career progression for affected teachers.
Support from Parliament and Unions
MP Abdul Haro, a supporter of the bill from Mandera South, emphasized the need for structured and fair appointments within the TSC to ensure equitable treatment for teachers in acting roles. Both the Kenya National Union of Teachers and the Kenya Union of Post-Primary Education Teachers have expressed full support for the bill, citing the unfairness of assigning administrative duties without commensurate compensation.
Ongoing Negotiations and Discussions
Recent discussions between the TSC and union officials during a retreat in Naivasha, Nakuru County, focused on issues related to allowances and promotions for teachers in acting capacities. While agreements were not reached on remuneration during the retreat, unions continue to advocate for the lawful payment of acting allowances, criticizing the TSC’s current practices.
