Teachers Service Commission, TSC, is mandated the responsibility of employing, deploying, disciplining, promoting and dismissing teachers from the teaching profession.
This article looks at the ground under which a teacher can be interdicted, the initial stage of dismissal of a teacher and the required evidence.
According to the guidelines provided in the codes regulating the teaching service in Kenya, management of discipline cases is conducted in a simple, fair and effective manner.
Here is a list of TSC offences and evidence required for interdiction
- 1. Immoral behavior
- Sexual intercours
- Sodomy
- Lesbianism
- Sexual harassment/flirtation/indecent Act
- Love relationship
- Exposure to pornographic
materials - Evidence required
- Handwritten statement from victims/witnessed
- Exhibits
- Love letters
- Photographs
- Gifts
- Agreements
- Court proceedings
- Investigation reports by heads of institutions, county Directors or Sub-county Directors.
- Minutes of BOM following interview of pupils/students, teachers and other witnesses.
- County discipline panel minutes
2. Professional Misconduct
a) Negligence of duty
- Willful neglect to perform any work or careless or improper performance of any work assigned to the teacher.
- Failure to teach scheduled lessons.
- Failure to prepare professional documents e. g. schemes of work.
- Allowing examination cheating.
- Grading fake marks.
- Failure to perform T.O.D. duties.
- Failure to attend school assemblies and official meetings.
- Failure to take students for official duty/functions.
Evidence required
- Staff meeting minutes.
- Police reports
- Written reports by agents/County Directors/Supervisors.
- Statements from witnesses.
- Minutes where teacher and witnesses were interviewed.
- Investigation reports.
- Statement from witnesses.
b) Chronic Absenteeism
- Persistent/repeated absence from duty without permission
- Lateness for duty
Evidence required
Casualty returns
Letters from authorities reporting the teachers absence.
Monthly staff returns.
Warning/show cause letters for absenteeism.
Daily attendance registers/clock in register.
c) . Desertion of Duty.
Absence from duty for 14 continuous days ( without written permission) including weekends and public holidays. These may include:
- Failure to report for posting after expiry of study leave.
- Proceed on study leave without approval.
- Failure to report to new station after release.
Evidence required
- Casualty returns.
- Letters from relevant authorities reporting the teacher’s desertion/release or reporting for duty.
- Letter granting study leave stating when to resume duty.
- Monthly staff returns.
c) . Insubordination
Failure to obey official/instructions from supervisors e.g. Commission Secretary, Heads of Institution, County Directors and Sub-County Directors. e.g.
- Failure to respond to letters from supervisors.
- Failure to take up posting after disciplinary process/transfer/deployment.
- Proceeding on transfer without formal release.
- Failure to forward correspondence by teachers to and from the Commission.
- Failure to handover/takeover an institution upon transfer.
- Failure to submit books of accounts.
Evidence required
- Written reports by agents/County Directors/Supervisors.
- Letters giving directives/instructions and evidence of failure to adhere.
- Statement from witnesses.
- Minutes of the full BOM, minutes where the teacher and witnesses were
- interviewed.
- Minutes of disciplinary panel.
- Investigation reports.
- Staff meeting minutes.
- Police reports.
- Medical reports.
c) Infamous Conduct in any Professional Respect
- Drunkenness or any form of intoxication during working hours.
- Fighting in public or any violent
- behavior that may bring the profession to disrepute.
- Conduct or behavior which contravenes chapter Six (6) of the Constitution.
Evidence required
- Written reports by agents.
- Show cause letters.
- Statement from witnesses.
- Minutes of the full BOM minutes where the teacher and witnesses were interviewed.
- Investigation reports.
- Police reports.
- Medical reports.
c) Forgery/Impersonation /Collusion/Fraud and Corrupt deals/Bribery
- Causing payment of salary to teachers not on duty e.g. desertions, deceased persons.
- Failure to report offences by teachers.
- Forged signatures/stamps.
- Obtaining registration through fraudulent means.
- Submission of incorrect staff returns.
- Submission of forged certificates.
- Misrepresentation/falsifying information.
- Some exam malpractices/irregularities.
Evidence required
- Sample signatures/rubber stamps.
- Copies of forged documents/certificates.
- Confirmation of certificates by the issuing bodies e.g. KNEC, universities.
- Investigation reports.
- Statements by those impersonated/witness/experts in the related fields.
c) Mismanagement/Misappropriation/Embezzlement of Public Funds
- Mismanagement is handling of public funds and /or property in an inefficient, irregular or in any manner likely to cause loss to the institution.
- Misappropriation is use of public funds for unauthorized purposes by a teacher.
- Embezzlement is the fraudulent conversion of public funds and property entrusted to a teacher to personal use.
- Loss of public funds through negligence.
- Failure to account for public funds as per the Law.
Evidence required
- Financial reports presented to BOM and minutes.
- Final audited accounts/Annual audited reports/interim audited accounts, promissory notes.
- Investigation reports, relevant financial and accounting documents.
h) Conviction of Criminal Offense
A teacher is interdicted upon conviction. Jailed or fine and non custodial sentence.
- Conviction of a sexual offence or any offence against a learner.
- Conviction of a criminal offence which in the opinion of the
- Commission renders the person unfit to be a teacher.
Evidence required
- Casualty return showing the date arrest/imprisonment.
- Copy of charge sheet showing nature of offence.
- Certified copies of court proceedings and judgment (CPJ).
- Letters from authority reporting the arrest/
