The teachers Service Commission, TSC, is an independent body that employs, deploys, disciplines, promotes and dismisses teachers in Kenya.
The basis in which a teacher can be interdicted (an initial stage of dismissal) and the amount of evidence required is discussed.
As per 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.
*Provided here is a list of TSC offences and evidence required for interdiction*
*Having Immoral behavior *e.g
Having Sexual intercourse
Having Sodomy
Involved in Lesbianism
Sexual engaging in harassment/flirtation/indecent Act
Having Love relationship
subject to 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. Involved in Professional Misconduct*
*A. The Negligence of duty*
Any 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.
*The 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.having been experiencing 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.A victim of 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.
*D. Involved in 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.
*The 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.
*E. Being involved in 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.
*F. Getting involved in 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.
*The major 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.
*G. Be involved in 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.
*The 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. The Conviction of Criminal Offense*
A teacher is interdicted upon conviction (being found guilty of a criminal offence). Jailed/fine or non custodial sentence.
The conviction of a sexual offence or any offence against a learner.
The conviction of a criminal offence which in the opinion of the
The Commission renders the person unfit to be a teacher.
*The Evidence required*
Have Casualty return showing the date arrest/imprisonment.
Have Copy of charge sheet showing nature of offence.
Have Certified copies of court proceedings and judgment (CPJ).
Have Letters from authority reporting the arrest/reports.