TSC deregisters 33 teachers after disciplinary hearing

To tighten its control over tutors who violate teaching guidelines, the Teachers Service Commission has fired 33 teachers this year for a variety of offences, including sexual abuse against students.

The TSC, led by CEO Nancy Macharia, announced that it had revoked the appointments of teachers across the country and proceeded to publish their names. The tutors were deregistered through the Gazette Notice number 9587 released on August 2.

The process to have the tutors blacklisted as teachers followed a set of disciplinary hearings set by the commission. This is according to the Chief Executive Officer of TSC, Nancy Macharia.

"In exercise of powers conferred by Section 30(2) of the Teachers Service Commission Act, Chapter 212 of the laws of Kenya, the Commission wishes to notify the public that the persons whose names are specified in the Schedule herein below have been removed from the Register of Teachers pursuant to the provision of Section 30(1)(e) of the Teachers Service Commission Act," read the notice in part.

Deregistration of the tutors can be caused by fraudulent means, the conviction of a sexual offence, the conviction of a criminal offence, or a physical or mental illness that renders the teacher incapable of performing duties.

Following the decision by TSC, a teacher's name can only be reinstated at the direction of the Commission.

Consequently, a tutor whose name has been removed from the register shall cease to be a teacher immediately and shall not engage in the teaching service thereafter.

"Further Section 44(b) of the TSC Act provides that a person who falsely or fraudulently holds himself or herself out to be a registered teacher commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding twelve months, or both," added the notice.

The commission has cracked down on teachers who fail to adhere to the profession's code and conduct, with most tutors losing their jobs following cases of sexual abuse involving learners.

For instance, in April this year, the agency deregistered 65 teachers in line with a disciplinary action but did not specify the infractions incurred.

In 2023, 73 teachers faced dismissal due to disciplinary issues, with their names and details made public in a Gazette notice.

In 2020, the Court of Appeal affirmed an order finding that the Teachers Service Commission (TSC) ought to bear the responsibility for sex pests preying on children in schools.

In a decision requiring TSC to pay two minors Sh5 million as compensation, Appeal Court judges Roselyn Nambuye, Martha Koome, and Fatuma Sichale declined to set aside the award by the High Court, saying the commission has to ensure minors have a safe learning environment.

The three judges concurred with Justice Mumbi Ngugi's finding that TSC was equally to blame for entrusting a school headteacher with the education of two girls whom he defiled. TSC was also accused of not having safeguards to ensure the teacher did not abuse the minors.

Several laws, including the Children's Act and the Sexual Offences Act, criminalise sex with children under the age of 18, and in 2010, the TSC issued guidelines designed to protect children from sexual abuse in schools. The rules ban students from visiting teachers' homes, warn teachers against using the promise of academic progress to coerce children into sexual liaisons, and stipulate that any sexual abuse of a child should be reported to the commission within 24 hours.