๐๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐๐๐ (๐๐๐๐๐๐๐๐๐) ๐๐๐๐, ๐๐๐๐
๐๐๐ซ๐ฅ๐ข๐๐ฆ๐๐ง๐ญ ๐๐ฎ๐ข๐ฅ๐๐ข๐ง๐ ๐ฌ
๐๐๐ฒ ๐๐, ๐๐๐๐
Members of Parliament have commenced review of the Teachers Service Commission (Amendment) Bill, 2024 sponsored by Hon. Abdul Haro.
The Bill seeks to amend the Teachers Service Commission (TSC) Act to provide greater clarity and structure on allowances for teachers and appointment in acting capacities.
Led by Committee Chair, Hon. Julius Melly, Members engaged stakeholders including the Teachers Service Commission, Kenya Union of Post Primary Education Teachers (KUPPET), the Attorney General, and representatives from the National Treasury.
One of the key proposals in the Bill is to amend Section 11 of the TSC Act by inserting a new clause (fa) requiring the Commission, โin consultation with the Salaries and Remuneration Commission (SRC), [to] facilitate payment of allowances to teachers in the manner set out in the Fourth Schedule.โ
Lawmakersโ noted that the clause seeks to formalize various teacher allowances, including house allowance, commuter allowance, hardship allowance for teachers in gazetted hardship areas and special duty allowance for teachers acting in administrative capacities or deployed to arid and semi-arid lands currently covered in the TSCโs regulations.
Teachers Service Commission opposed the amendments, arguing that the proposed clauses are already covered under the TSC Code of Regulations (CORT).
โThese allowances are already provided for under the Code of Regulations for Teachers. Including them in the Act would create legal duplicity,โ said the TSC Deputy Director Legal Services, Mr. Allan Sitima in a submission to the Committee.
โResponsibility allowances were scrapped following SRCโs advisory. We cannot reintroduce them without breaching the constitutional mandate of the SRC,โ Mr. Sitima added.
KUPPET supported the Bill but recommended enhancing it further to safeguard teachersโ rights through collective bargaining.
โWe propose an amendment stating that the TSC, in consultation with SRC and after negotiations with teachersโ unions, shall facilitate the payment of allowances,โ said Hon. Omboko Milemba, MP and KUPPET official.
KUPPET also pushed for clauses to ensure risk allowances for teachers exposed to unsafe environments and enhanced pay for those with postgraduate qualifications.
Members of the Education Committee considered New Section 32A on Acting Appointments which proposes allowing TSC to appoint teachers in acting capacities for a minimum of 30 days and a maximum of six months, provided they meet the prescribed qualifications.
Hon. Clive Gesairo expressed concern regarding reports of a large number of teachers serving in acting capacity without any allowances for a long period of time.
โThere are too many teachers in acting positions without formal appointments or acting allowances,โ said Hon. Rebecca Tonkei. โItโs unfair. We must protect them.โ
Hon. Nabii Nabwera demanded that the TSC submit comprehensive data on all teachers serving in acting capacities and whether they are being remunerated accordingly. โWe want to know the numbers, the cost, and if the budget covers this,โ he said.
On acting allowances, KUPPET argued that the amendment would protect teachers from arbitrary decisions and ensure fair compensation.
โWe have teachers who have acted in senior positions for many years without allowances. This Bill will provide legal protection and clarity,โ said Hon. Omboko Milemba and KUPPET representative.
Public Service Commission, Legal Representative Ms. Jacqueline Mamina noted that allowances should be based in regulations which can easily be amended as needed. โIf allowances are domiciled on Regulations, which are more flexible in terms of amendments. If you place them in the law, we would have to every time we want to add allowances or to remove would have to go through this regular process,โ she added.
In their submission, the Attorney Generalโs office noted that passing the Bill in its current form would require amending or deleting overlapping provisions in existing regulations.
โThereโs a need to harmonize the Bill with current subsidiary legislation to avoid inconsistencies,โ a representative advised the Committee.
Committee Chair, Hon. Julius Melly requested National Treasury to submit a detailed financial analysis to understand the budgetary implications of the proposed allowances.
โWhile we acknowledge TSCโs operational mandate, the Committee is also keen to entrench accountability and fairness in the teaching service,โ said Hon. Melly.
The Committee on Education is expected to review the Teachers Service Commission (Amendment) Bill, 2024 prepare and table its report in the House.