Teachers in acting roles to get defined timeline, allowances in proposed Bill

A new Bill has been introduced in Parliament aimed at ensuring teachers who take on administrative roles have a defined timeline for their acting positions before being confirmed and receiving appropriate allowances.

The Teachers Service Commission (Amendment) Bill, 2024, tabled by Mandera South MP Abdul Haro proposes that the Teachers Service Commission (TSC) may appoint a teacher in an acting capacity for at least 30 days but not exceeding six months.

It notes that a teacher shall not be appointed in an acting capacity unless the person satisfies all the prescribed qualifications.

“A teacher appointed under sub-section (1) shall only act in one position at a time. A teacher appointed in an acting capacity shall be entitled to special duty allowance,” reads the Bill.

If enacted, the Bill will benefit teachers currently acting in administrative capacities without financial compensation.

Insufficient funding towards the TSC has resulted in many qualified teachers awaiting promotions while working in acting capacities. In March, the TSC promoted 36,505 teachers but left out many who had been interviewed.

Last year, the TSC also faced challenges filling vacant positions, as many teachers failed to meet the requirements, a situation attributed to prolonged stagnation in the same job groups.

“The Bill seeks to entrench fairness in acting positions under the Teachers Service Commission so that the Commission confers acting appointments in a structured manner. The Bill, therefore, provides for predictability and certainty in the management of allowances in the teaching profession,” reads the Bill.

The Bill also seeks to amend Section 11 of No 20 of the TSC Act, 2012 by inserting a new paragraph to read: "In consultation with the Salaries and Remuneration Commission facilitate payment of allowances to teachers in the manner set out in the Fourth Schedule".

Compensation process

If enacted, the Bill will mandate the process for compensating teachers who take on additional administrative duties, ensuring they are paid fairly as per established standards.

Some of the allowances teachers will receive include the responsibility allowance, which will be paid to the head of an institution, deputy head of an institution and senior teachers who are in job group 'K' and below.

“Responsibility allowance shall be pensionable only where a teacher receives the allowance on the day immediately before retirement,” reads the Bill.

Additionally, the Bill stipulates that the Commission shall stop payment of responsibility allowance to a teacher when the teacher ceases to perform administrative responsibilities.

Special School Allowance will also be given to teachers with special education skills assigned to special schools or units, with rates determined by the Commission, and will be discontinued if the teacher leaves the special education role.

“The Commission shall from time to time determine payment of special school allowance to a teacher who possesses skills in special education and who is assigned to a special school or special unit. A teacher entitled to special school allowance shall claim the payment of the allowance in writing through the head of an institution,” reads the Bill.

“The Commission shall stop payment of special school allowance to a teacher who ceases to perform duties in a special school.”

The Bill also proposes to offer Reader's Facilitation or Aid Allowance which will be paid to teachers with disabilities, such as blindness, deafness, or physical impairments, certified by the National Council of Persons with Disabilities.

Leave Allowance will also be provided annually to teachers at rates set by the Commission. If the Bill is passed, TSC will also offer a Transfer Allowance which will be paid to teachers transferred by the Commission between sub-counties or counties, but not to those who initiate their transfer.

Kenya National Union of Teachers (KNUT) Secretary General Collins Oyuu expressed strong support for the Bill noting that it will be beneficial to teachers.

“It's popular labour practice that one shouldn't act for more than six months. We have many teachers in acting capacity who cannot demand an acting allowance. The TSC is in charge of promotions but it is sub-county directors who appoint teachers in acting roles,” Oyuu said.