Teachers to receive non-pensionable allowances under new TSC reforms
The Bill proposes that while most of these allowances will be non-pensionable, the responsibility allowance will be pensionable if a teacher earns it up to and including their last date of service.
A new Bill before Parliament could offer legal backing for allowances long demanded by teachers, introducing a schedule of specific benefits and setting clear terms for those serving in acting capacities.
The Teachers Service Commission (Amendment) Bill, 2024, seeks to amend the TSC Act of 2012 to provide a clear and predictable framework for the payment of allowances, while also formalising the process of appointing teachers in acting roles.
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Sponsored by Mandera South MP Abdul Haro, the Bill is currently before the National Assembly’s Departmental Committee on Education and aims to streamline how benefits are administered within the teaching profession. It introduces key reforms, including a new Section 32A that outlines the criteria and procedures for assigning teachers to act in higher positions.
A new ‘Schedule Four’ appended to the Bill lists nine allowances that may be granted under specific conditions. These are: Housing allowance, Commuter allowance, Hardship allowance, Responsibility allowance, Special school allowance, Reader’s facilitation allowance, Leave allowance and Transfer allowance.
The Bill proposes that while most of these allowances will be non-pensionable, the responsibility allowance will be pensionable if a teacher earns it up to and including their last date of service.
To ensure fairness in remuneration, the proposed law also seeks to amend Section 11 of the current Act by inserting a new paragraph that mandates the Teachers Service Commission (TSC) to consult the Salaries and Remuneration Commission (SRC) in determining the allowances payable to teachers.
“The principal object of this Bill is to amend the Teachers Service Commission Act in order to provide various allowances that the Commission may pay to teachers over and above their basic pay,” Haro states in the memorandum of objects and reasons.
Public views
Clerk of the National Assembly Samuel Njoroge has invited the public to submit their views on the Bill by May 9, 2025.
“In compliance with Article 118(1)(b) of the Constitution and Standing Order 127(3), the Clerk of the National Assembly hereby invites the public and stakeholders to submit memoranda on the Bill,” Njoroge said in a public notice.
The proposed reforms come amid heightened agitation from teachers’ unions for substantial salary increments and better benefits under the next collective bargaining agreement (CBA) for 2025–2029.
The Kenya National Union of Teachers (Knut) is demanding a 60 per cent increase in basic salary and enhanced allowances. The Kenya Union of Post Primary Education Teachers (Kuppet) wants an increase of between 50 and 100 per cent, in addition to the introduction of a risk allowance for science teachers.
Knut is also pushing for overtime pay or fixed compensation for teachers who work during public holidays, as well as three incremental credits for those posted in arid, semi-arid, or hard-to-staff areas. The union also wants the TSC to pay acting allowances to teachers holding positions such as deputy headteacher, deputy principal, and heads of departments, but who have not yet been confirmed.
Both unions faced criticism from members for agreeing to the 2021–2025 CBA, which lacked a monetary component. They have since defended the move, explaining that rejecting the deal would have caused a legal crisis due to statutory deadlines.
If passed, the Teachers Service Commission (Amendment) Bill, 2024, is expected to enhance transparency, fairness, and motivation within the teaching profession.
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