Act No: No. 20 of 2012
Act Title: TEACHERS SERVICE COMMISSION
SUBSIDIARY LEGISLATION
EXTENSION OF TIME
[L.N. 101/2012.]

IN EXERCISE of the powers conferred by section 8 (18) of the Teachers Service Commission Act, 2012, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, in consultation with the Prime Minister, extend the period for the declaration of vacancies in the Teachers Service Commission and the constitution of the selection panel for a period of twenty-one (21) days, with effect from the 14th September, 2012.

EXTENSION OF TIME
[L.N. 123/2013.]

IN EXERCISE of the powers conferred by section 8(18) of the Teachers Service Commission Act, 2012, I, Uhuru Kenyatta, President and Commander-in-Chief of the Kenya Defence Forces, extend the time provided for under section 8(6) of the Teachers Service Commission Act, 2012 for a period of twenty-one days, with effect from the 15th July, 2013.

TEACHERS SERVICE COMMISSION (CODE OF CONDUCT AND ETHICS FOR TEACHERS) REGULATIONS, 2015

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

3.

Application of Code.

PART II — REQUIREMENTS

4.

Compliance.

5.

Rule of law.

6.

Public trust.

7.

Fundamental rights and freedoms.

8.

Nepotism or favouritism.

9.

Duty to protect children.

10.

Integrity.

11.

Conduct of duties.

12.

Professionalism.

13.

Conflict of interest.

14.

Confidentiality.

15.

Care of public property.

16.

Political activity.

17.

Improper enrichment.

18.

Donations.

19.

Professional advice.

20.

Misleading information.

21.

Evaluation of learners.

22.

Sexual relations with learners.

23.

Sexual harassment.

24.

Relations with fellow employees and the public.

25.

Pornography.

26.

Prohibited drugs and psychotropic substances.

27.

Financial dealings and private affairs.

28.

Official dealings.

29.

Canvassing for favours in service.

30.

Endorsing of private activities.

31.

Civil and charitable activities.

32.

Private tuition.

33.

Acting for foreigners.

34.

Acting through others.

35.

Subversive association.

36.

Declarations of income, assets and liabilities.

37.

Reporting.

38.

Investigations.

39.

Reporting Authority.

40.

Breach of this Code.

41.

Review of this Code.

Appendix — Staff Integrity Pact

Form A — Report of Gifts Received

Form B — Declaration of Conflict of Interest

TEACHERS SERVICE COMMISSION CODE OF REGULATIONS FOR TEACHERS REGULATIONS, 2015

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.

2.

Application.

3.

Application of Code.

PART II — GENERAL PROVISIONS

4.

The Commission.

5.

Composition of the Commission.

6.

Functions and powers of the Commission.

7.

Role of the Commission.

8.

The Secretary to the Commission.

9.

Responsibilities of the Secretary.

10.

Decentralization of functions of the Commission.

11.

Administration of the County Office.

12.

Duties of the County Director.

13.

Duties of the Sub County Director.

14.

Delegation by the Commission.

15.

Conditions of delegation of functions.

16.

Non-discrimination.

17.

Performance of Duty.

18.

Communication with the Commission.

PART III — REGISTRATION OF TEACHERS

19.

Compliance with registration.

20.

Conditions for registration.

21.

Registration of non-citizens teachers.

22.

Application for registration.

23.

Particulars for application for registration.

24.

Medical examination.

25.

Issuance of certificate of registration.

26.

Denial of registration.

27.

Temporary teacher registration certificate.

28.

Commission's discretion to issue certificates.

29.

Verification by the Commission

30.

Revocation of certificate of registration.

31.

Publication of names.

32.

Issuance of a duplicate certificate.

33.

Particulars of the Register.

34.

Removal from the Register of teachers.

35.

Review by the Commission.

36.

Reinstatement to the register.

37.

Review of decision to refuse to register.

38.

Registration fee.

39.

Offences relating to Registration.

40.

Other offences.

PART IV — DEVELOPMENT, REVIEW AND MAINTENANCE OF ENTRY AND PERFORMANCE STANDARDS

41.

Entry and performance standards.

42.

Compliance with performance standards.

43.

Maintenance of performance standards.

44.

Teachers Service Commission Quality Assurance and Standards Officer.

45.

Role of the Teachers Service Commission Quality Assurance and Standards Officer.

46.

Curriculum Support Officer.

47.

Role of Curriculum Support Officer.

48.

Professional Teacher Development Programmes.

49.

Teaching Certificate.

50.

Offences relating to performance standards.

51.

Review of entry and performance standards.

52.

Appraisal of teachers.

53.

Moderation Procedures.

54.

Failure to comply with appraisal requirements.

PART V — RECRUITMENT, APPOINTMENT, ASSIGNMENT, DEPLOYMENT AND OTHER CONDITIONS OF SERVICE FOR TEACHERS

55.

Teacher recruitment.

56.

Application for employment.

57.

Employment on permanent and pensionable terms.

58.

Employment of a teacher on contract.

59.

Effective date of appointment.

60.

Next-of-kin.

61.

Period of Probation.

62.

Powers of Commission to post teachers.

63.

Posting and assignment of teachers to public institutions.

64.

Conditions for transfer.

65.

Application for transfer.

66.

Approval of transfer.

67.

Commission's discretion to transfer a teacher.

68.

Deployment of teachers.

69.

Administration of institutions.

70.

Identification and deployment criteria.

71.

Role of head of institution.

72.

Re-employment of a teacher.

PART VI — PROMOTION OF TEACHERS

73.

General guidelines for promotion.

74.

Promotion of teachers.

75.

Application and consideration for promotion.

76.

Use of appraisal report for promotion.

77.

Denial of promotion by the Commission.

78.

Promotion of teachers on re-employment.

79.

Promotion of teachers on secondment or Study leave.

80.

Consideration for promotion.

81.

Lapse of offer for promotion.

PART VII — SALARY AND ANNUAL INCREMENTS

82.

Salaries.

83.

Determination of salary on promotion or upgrading.

84.

Annual increments.

85.

Re-engagement.

86.

Payment of salary and allowances.

87.

Taxation of salary and allowances.

88.

Private financial dealings.

PART VIII — ALLOWANCES

89.

House allowance.

90.

Commuter allowance.

91.

Hardship allowance.

92.

Special duty allowance.

93.

Responsibility allowance.

94.

Special school allowance.

95.

Reader’s, facilitation or aid allowance.

96.

Leave allowance.

97.

Transfer allowance.

98.

Travelling expense.

99.

Mode of transport.

100.

Transport of luggage.

101.

Transport of luggage by private means.

102.

Travelling on official duty using personal motor vehicle.

103.

Claim for reimbursement.

104.

Subsistence allowance.

PART IX — MEDICAL BENEFITS

105.

Medical allowance.

106.

National Hospital Insurance Fund or other medical insurance cover.

107.

Claims for "Ex-Gratia" payment for medical expenses incurred.

PART X — LEAVE

108.

Permission to be absent from duty.

109.

Annual leave.

110.

Application for annual leave.

111.

Sick leave.

112.

Application for sick leave by head of institution.

113.

Sick leave entitlement.

114.

Application for sick leave.

115.

Sick leave outside the country.

116.

Maternity leave.

117.

Proceeding on maternity leave without approval.

118.

Paternity leave.

119.

Study leave.

120.

Conditions for approval of study leave.

121.

Bonding.

122.

Change of area of study or institution.

123.

False information in regard to study leave.

124.

Reporting for duty after study leave.

125.

Extension or termination of study leave.

126.

Submission of progress reports and certificate.

127.

Study leave with pay.

128.

Study leave without pay.

129.

Revision of study leave policy.

130.

Leave to conduct research or a project.

131.

Compassionate leave

132.

special leave.

133.

Special leave for sports persons.

134.

Leave of absence without pay.

135.

Leave to spouses of persons in diplomatic service.

136.

Compulsory leave.

137.

Leave outside Kenya.

138.

Public holidays.

PART XI — DISCIPLINE

139.

Guidelines for disciplinary process.

140.

Offences that may lead to disciplinary action.

141.

Offences that may lead to removal from the register.

142.

Economic crimes and other serious offences.

143.

Consequences of economic crimes and serious offences.

144.

Reporting of allegations against a teacher.

145.

Mode of reporting the allegations.

146.

Investigation of allegations.

147.

Process of interdiction

148.

Salary status during the period of interdiction.

149.

Mode of invitation to appear before a Disciplinary Panel.

150.

Disciplinary proceedings

151.

Composition of the Disciplinary Panel.

152.

Powers of the Commission.

153.

Procedure during disciplinary hearing.

154.

Determinations.

155.

Administrative warning.

156.

Teachers Service Review Committee.

PART XII — EXIT FROM THE TEACHING SERVICE

157.

Resignation.

158.

Termination by the Commission.

159

Dismissal.

160.

Retirement.

161.

Retirement on grounds of age limit.

162.

Retirement on medical grounds.

163.

Retirement in the public interest.

164.

Period of notice to retire

165.

Redundancy.

166.

Transfer of service to the Public Service Commission.

167.

Release of a teacher to other organisations.

168.

Report on teachers who exit service.

169.

Death.

170.

Certificate of Service.

PART XIII — PENSIONS, GRATUITIES AND OTHER BENEFITS

171.

Gratuity for qualifying service when the ten years is not completed.

172.

Marriage Gratuity.

173.

A Teacher confirmed on permanent and pensionable appointment.

174.

Death in service.

175.

Death after retirement.

176.

Death in the course of duty.

177.

Computation of pension and gratuities.

178.

Work injury benefits.

179.

Procedure for claiming benefits under the Work Injury Benefits Act.

180.

Contribution and benefits payable.

181.

Forfeiture of pension rights on resignation or dismissal.

182.

Statutory or voluntary contributions and benefits.

PART XIV — LEGAL PROCEEDINGS

183.

Criminal proceedings.

184.

Civil proceedings.

185.

Instituting civil proceedings.

PART XV — MISCELLANEOUS PROVISIONS

186.

Code to be displayed in all Commission’s offices.

187.

Participation and involvement in political activities.

188.

Disclosure and use of official information.

189.

Right to service.

190.

Participation in trade union activities.

191.

Conduct of teachers during industrial strike.

192.

Influence from third parties.

193.

Alternative dispute resolution mechanisms.

TEACHERS SERVICE COMMISSION CODE OF REGULATIONS FOR TEACHERS REGULATIONS, 2015

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

3.

Application of Code.

PART II — GENERAL PROVISIONS

4.

The Commission.

5.

Composition of the Commission.

6.

Functions and powers of the Commission.

7.

Role of the Commission.

8.

The Secretary to the Commission.

9.

Responsibilities of the Secretary.

10.

Decentralization of functions of the Commission.

11.

Administration of the County Office.

12.

Duties of the County Director.

13.

Duties of the Sub County Director.

14.

Delegation by the Commission.

15.

Conditions of delegation of functions.

16.

Non-discrimination.

17.

Performance of Duty.

18.

Communication with the Commission.

PART III — REGISTRATION OF TEACHERS

19.

Compliance with registration.

20.

Conditions for registration of Teachers.

21.

Registration of non-citizens teachers.

22.

Application for registration.

23.

Particulars for application for registration.

24.

Medical examination.

25.

Issuance of certificate of registration.

26.

Denial of registration.

27.

Temporary teacher registration certificate.

28.

Registration of persons with certificates from foreign learning institutions.

29.

Verification by the Commission

30.

Revocation of certificate of registration.

31.

Publication of names.

32.

Issuance of a duplicate certificate.

33.

Particulars of the Register.

34.

Removal from the Register of teachers.

35.

Review by the Commission.

36.

Reinstatement to the register.

37.

Review of decision to refuse to register.

38.

Registration fee.

39.

Deleted.

40.

Deleted.

PART IV — DEVELOPMENT, REVIEW AND MAINTENANCE OF ENTRY AND PERFORMANCE STANDARDS

41.

Entry and performance standards.

42.

Compliance with performance standards.

43.

Maintenance of performance standards.

44.

Teachers Service Commission Quality Assurance and Standards Officer.

45.

Role of the Teachers Service Commission Quality Assurance and Standards Officer.

46.

Curriculum Support Officer.

47.

Role of Curriculum Support Officer.

48.

Professional Teacher Development Programmes.

49.

Teaching Certificate.

50.

Offences relating to performance standards.

51.

Review of entry and performance standards.

52.

Appraisal of teachers.

53.

Moderation Procedures.

54.

Failure to comply with appraisal requirements.

PART V — RECRUITMENT, APPOINTMENT, ASSIGNMENT, DEPLOYMENT AND OTHER CONDITIONS OF SERVICE FOR TEACHERS

55.

Teacher recruitment.

56.

Application for employment.

57.

Employment on permanent and pensionable terms.

58.

Employment of a teacher on contract.

59.

Effective date of appointment.

60.

Next-of-kin.

61.

Period of Probation.

62.

Powers of Commission to post teachers.

63.

Posting and assignment of teachers to public institutions.

64.

Conditions for transfer.

65.

Application for transfer.

66.

Approval of transfer.

67.

Commission's discretion to transfer a teacher.

68.

Deployment of teachers.

69.

Administration of institutions.

70.

Identification and deployment criteria.

71.

Role of head of institution.

72.

Re-employment of a teacher.

PART VI — PROMOTION OF TEACHERS

73.

General guidelines for promotion.

74.

Promotion of teachers.

75.

Application and consideration for promotion.

76.

Use of appraisal report for promotion.

77.

Denial of promotion by the Commission.

78.

Promotion of teachers on re-employment.

79.

Promotion of teachers on secondment or Study leave.

80.

Consideration for promotion.

81.

Lapse of offer for promotion.

PART VII — SALARY AND ANNUAL INCREMENTS

82.

Salaries.

83.

Determination of salary on promotion or upgrading.

84.

Annual increments.

85.

Re-engagement.

86.

Payment of salary and allowances.

87.

Taxation of salary and allowances.

88.

Private financial dealings.

PART VIII — ALLOWANCES

89.

House allowance.

90.

Commuter allowance.

91.

Hardship allowance.

92.

Special duty allowance.

93.

Responsibility allowance.

94.

Special school allowance.

95.

Reader’s, facilitation or aid allowance.

96.

Leave allowance.

97.

Transfer allowance.

98.

Travelling expense.

99.

Mode of transport.

100.

Transport of luggage.

101.

Transport of luggage by private means.

102.

Travelling on official duty using personal motor vehicle.

103.

Claim for reimbursement.

104.

Subsistence allowance.

PART IX — MEDICAL BENEFITS

105.

Medical allowance.

106.

National Hospital Insurance Fund or other medical insurance cover.

107.

Claims for "Ex-Gratia" payment for medical expenses incurred.

PART X — LEAVE

108.

Permission to be absent from duty.

109.

Annual leave.

110.

Application for annual leave.

111.

Sick leave.

112.

Application for sick leave by head of institution.

113.

Sick leave entitlement.

114.

Application for sick leave.

115.

Sick leave outside the country.

116.

Maternity leave.

117.

Proceeding on maternity leave without approval.

118.

Paternity leave.

119.

Study leave.

120.

Conditions for approval of study leave.

121.

Bonding.

122.

Change of area of study or institution.

123.

False information in regard to study leave.

124.

Reporting for duty after study leave.

125.

Extension or termination of study leave.

126.

Submission of progress reports and certificate.

127.

Study leave with pay.

128.

Study leave without pay.

129.

Revision of study leave policy.

130.

Leave to conduct research or a project.

131.

Compassionate leave

132.

Special leave.

133.

Special leave for sports persons.

134.

Leave of absence without pay.

135.

Leave to spouses of persons in diplomatic service.

136.

Compulsory leave.

137.

Leave outside Kenya.

138.

Public holidays.

PART XI — DISCIPLINE

139.

Guidelines for disciplinary process.

140.

Offences that may lead to disciplinary action.

141.

Offences that may lead to removal from the register.

142.

Economic crimes and other serious offences.

143.

Consequences of economic crimes and serious offences.

144.

Reporting of allegations against a teacher.

145.

Mode of reporting the allegations.

146.

Investigation of allegations.

147.

Process of interdiction

148.

Salary status during the period of interdiction.

149.

Mode of invitation to appear before a Disciplinary Panel.

150.

Disciplinary proceedings

151.

Composition of the Disciplinary Panel.

152.

Powers of the Commission.

153.

Procedure during disciplinary hearing.

154.

Determinations.

155.

Administrative warning.

156.

Teachers Service Review Committee.

PART XII — EXIT FROM THE TEACHING SERVICE

157.

Resignation.

158.

Termination by the Commission.

159

Dismissal.

160.

Retirement.

161.

Retirement on grounds of age limit.

162.

Retirement on medical grounds.

163.

Retirement in the public interest.

164.

Period of notice to retire

165.

Redundancy.

166.

Transfer of service to the Public Service Commission.

167.

Release of a teacher to other organisations.

168.

Report on teachers who exit service.

169.

Death.

170.

Certificate of Service.

PART XIII — PENSIONS, GRATUITIES AND OTHER BENEFITS

171.

Gratuity for qualifying service when the ten years is not completed.

172.

Marriage Gratuity.

173.

A Teacher confirmed on permanent and pensionable appointment.

174.

Death in service.

175.

Death after retirement.

176.

Death in the course of duty.

177.

Computation of pension and gratuities.

178.

Work injury benefits.

179.

Procedure for claiming benefits under the Work Injury Benefits Act.

180.

Contribution and benefits payable.

181.

Forfeiture of pension rights on resignation or dismissal.

182.

Statutory or voluntary contributions and benefits.

PART XIV — LEGAL PROCEEDINGS

183.

Criminal proceedings.

184.

Civil proceedings.

185.

Instituting civil proceedings.

PART XV — MISCELLANEOUS PROVISIONS

186.

Code to be displayed in all Commission’s offices.

187.

Participation and involvement in political activities.

188.

Disclosure and use of official information.

189.

Right to service.

190.

Participation in trade union activities.

191.

Conduct of teachers during industrial strike.

192.

Influence from third parties.

193.

Alternative dispute resolution mechanisms.