Teachers Service Commission Act

This Act may be cited as the Teachers Service Commission Act.

Defines key terms used in the Act (for example: Chairperson, Commission, head teacher, learner, member, principal, register, Secretary, teacher, teaching certificate, teaching service, and teaching standards).

Members vacate office on death, resignation by written notice to the President, conviction with at least six months imprisonment, or removal under Article 251; the President must notify every resignation, vacancy or removal in the Gazette within fourteen days; vacancies are filled by the section 8 appointment procedure with necessary modifications; an appointee under that procedure serves a non-renewable six-year term.

The Commission formulate policies to achieve its mandate

The Commission has all powers necessary to carry out its functions under the Constitution and this Act.

The Commission may establish committees, co-opt experts into them (who may attend but may not vote), must constitute a consultative committee on terms and conditions of service for registered teachers, appoint specified members to that committee, and may make regulations to give effect to the section.

The Commission may create directorates, divisions or units and appoint staff in accordance with the Regulations; each such unit must act according to its approved mandate and written directives from the Secretary.

Section 15 lets the Commission regulate its procedure, may invite people to meetings (who have no right to vote), and states that the Commission's business shall follow the Second Schedule.

Section 16 sets qualification and administration rules for the Secretary: the Secretary holds office for five years, may be re-appointed for one further five-year term, is responsible to the Commission, and has specified administrative duties (head of secretariat, accounting officer, custodian of records, executing Commission decisions, supervising staff, coordinating mandate execution, ensuring staff ethics, implementing Part IV, and other assigned duties).

Section 17 provides grounds and procedure-related protections for the removal of the Secretary.

Creates a secretariat for the Commission headed by the Secretary; allows the Government to second public officers to the Commission on request; allows the Commission to second its staff to other national government institutions on request; a public officer seconded to the Commission is deemed an officer of the Commission during secondment and subject only to its direction and control.

The Commission decides the design of its common seal; the seal is kept by the Secretary; affixing the seal must be authenticated by the Chairperson and the Secretary or another person authorized by Commission resolution.

The Commission may delegate any of its functions under this Act to a committee or to any member, officer, staff or agent of the Commission, subject to this Act.

Proceedings against the Commission are treated as proceedings against the Government and are subject to the Government Proceedings Act; notices or other processes in such proceedings must be served on the Secretary to the Commission.

Members, officers, staff or agents of the Commission acting in good faith while executing Commission functions are not personally liable to actions, claims or demands.

The Commission may acquire and manage property and perform acts necessary for its functions, and it must establish offices in each county.

Section 4 directs that (unspecified subject) be guided by the national values and principles of governance under Article 10, the values and principles of public service under Article 232, and take into account the best interests of the child under Article 53 of the Constitution.

The Commission must consist of a Chairperson and eight other members; the Chairperson and members must serve full‑time for a single non‑renewable six‑year term.

Specifies qualifications for appointment to Chairperson and members (degrees, experience, and Chapter Six requirements) and requires the President when appointing members to ensure at least two-thirds have experience in education.

Disqualification from membership: "Section is a serving member of Parliament or County Assembly;"

Sets procedures and timelines for declaring vacancies, constituting a selection panel, inviting and processing applications, nominating and approving candidates, and appointing the Chairperson and members of the Commission.

The Chairperson, members and the Secretary must each make and subscribe before the Chief Justice the oath or affirmation set out in the First Schedule.

The Commission must register trained teachers; a person cannot work in the teaching service unless registered under the Act.

The register of teachers must include names and addresses of every registered teacher, the qualifications for which registration is granted, and any other particulars prescribed by the Commission; the register is a public document.

Qualified persons may apply to the Commission for registration by following the prescribed procedure and must submit necessary certified documents and the prescribed fee; if the Commission refuses registration it must notify the person in writing within thirty days stating the grounds.

Qualifications for registration as a teacher: Section is of good moral character; and

Refusal to register may be based on not possessing the prescribed qualifications.

The Commission must issue a certificate of registration in the prescribed form to every teacher registered under this Act.

The Commission may alter the register to correct errors; it may do so on its own motion or at the request of an interested party.

Sets grounds for removal of a teacher’s name from the register and requires the Commission to publish and notify removals; removed teachers cease to be teachers and reinstatement is only by Commission direction.

Section 31 provides for either confirmation of a teacher’s removal from the register or restoration of the teacher’s name to the register, and limits applications for reinstatement until eighteen months after removal.

The Commission must publish annually an accessible list of registered teachers (names, addresses, qualifications) as at 31 December of the previous year, and must publish any register alterations within one month of the alteration.

The Commission may, subject to regulations under the Act, take disciplinary action against any person registered as a teacher under the Act.

Registered teachers are deemed to be teachers in the teaching service and are subject to the law and regulations applicable to the service.

The Commission must take all necessary steps to ensure persons in the teaching service comply with teaching standards prescribed by the Commission under this Act.

Lists the Commission's funds and states that the Commission's receipts and balances must not be paid into the Consolidated Fund but retained for the Commission's purposes.

The Salaries and Remuneration Commission determines pay and service terms for the Chairperson and members; the Commission may determine terms for its staff in consultation with the Salaries and Remuneration Commission; the Committee under section 13(5), in consultation with the Salaries and Remuneration Commission, may determine terms for registered teachers recruited under Article 237(2)(b).

The Commission must prepare annual estimates of its revenue and expenditure before each financial year; the Cabinet Secretary responsible for finance must present the Commission-approved estimates to the National Assembly for approval.

The Commission's financial year is a twelve-month period starting 1 July and ending 30 June of the next year.

The Commission must keep proper books and records of account showing its income, expenditure, assets and liabilities.

The Commission must submit an annual report to the President and Parliament within six months of the end of the year, and must publish and publicise the report; the Commission may determine the manner of publication and may include any other information it considers necessary.

The Commission must publish important information within its mandate; members and staff must sign confidentiality agreements; a person may request information in the public interest subject to conditions and possible fees or confidentiality requirements.

Publicity: the location of all its offices.

Makes it an offence for a person to procure entry on the register by false declarations, or to falsely hold themselves out as a registered teacher; also criminalises obstructing, misleading or submitting false information to Commission staff, with penalties up to KSh 100,000 or up to 12 months imprisonment or both.

A person convicted of an offence under this Act for which no penalty is provided is liable to at least KSh 100,000 or to up to two years' imprisonment, or both.

A person aggrieved by a decision of the Commission may apply to the Commission for review of that decision.

Section 47 lists topics on which regulations may be made, requires compilation and publication of a code of regulations that applies to all registered teachers, allows modification of that code, and states such regulations do not supersede the Commission’s constitutional powers.

The Commission must develop a code of conduct for its members, staff, and registered teachers.

The Teachers Service Commission Act, No. 2 of 1967 is repealed.

Section 50 preserves certain pre‑existing rights and arrangements at the commencement of the Act: pre‑existing staff of the Teachers Service Commission continue in their office, pre‑existing contracts remain in force if consistent with this Act, existing proceedings and decisions are treated as subsisting under this Act, property vested in the Commission vests in the Commission on commencement, and teachers' pensions and related benefits are governed by pension law.