TEACHERS SERVICE COMMISSION (TSC) ACT-2012

By Jeff

April 9, 2023

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Teachers Service Commission (TSC) Act– 2012 Kenya.

Teachers Service Commission (TSC) Act– 2012 Kenya. An Act of Parliament to make further provision for the Teachers Service Commission established under Article 237 of the Constitution, its composition; functions and powers; the qualifications and procedure for appointment of members; and for connected purposes

In addition to the powers of the Commission under Article 252 of the Constitution, the Commission shall have the power to—
- acquire, hold, charge and dispose of movable and immovable property; and
- do or perform all such other things or acts for the proper discharge of its functions under the Constitution and this Act as may lawfully be done or performed by a body corporate.
- The headquarters of the Commission shall be in the capital city, but the Commission shall establish offices in each county.

4. Guiding principles

In the performance of its functions and the exercise of its powers, the Commission shall—

be guided by the national values and principles of governance under Article 10 and the values and principles of public service under Article 232 of the Constitution, taking into account the best interests of the child under Article 53 of the Constitution; and
subject to Article 249(2) of the Constitution, consult with State and non-State actors in the education sector.

5. Membership of the Commission

The Commission shall consist of a chairperson and eight other members appointed in accordance with the Constitution and the provisions of section 8.
- The chairperson and members of the Commission shall serve on a fulltime basis for a non-renewable term of six years.

Get more information: Https: tsc.go.ke/ tsc act

6. Qualification for appointment of chairperson and members

A person shall be qualified for appointment as the chairperson if such person—
- holds a degree in education from a university recognized in Kenya;
has knowledge and experience of at least fifteen years in matters relating to education and training; and
- meets the requirements of Chapter Six of the Constitution.
- A person shall be qualified for appointment as a member if such person—
  - holds a degree from a university recognized in Kenya;
  - has knowledge and experience of at least ten years in matters relating to any of the following fields—
    - education;
    - governance;
    - management; or
    - law; and
  - meets the requirements of Chapter Six of the Constitution.
- In appointing members of the Commission, the President shall ensure that at least two-thirds of the members have experience in education.

7. Disqualification from membership – (TSC ACT)

A person shall not be qualified for appointment as a chairperson or member if the person—

is a serving member of Parliament or County Assembly;
is a serving member of a governing body of a political party;
is a member of a local authority; or
has been found in accordance with any law to have misused or abused a State office or public office or in any way to have contravened Chapter six of the Constitution.

8. Procedure for nominations and appointment

Within fourteen days of the commencement of this Act, or whenever a vacancy arises in the Commission, the President in consultation with the Prime Minister shall by notice in the Gazette declare a vacancy and constitute a selection panel for the purpose of selecting suitable candidates for appointment as the chairperson or member of the Commission.
- The selection panel constituted under subsection (1) shall consist of—
  - a chairperson not being a public officer appointed by the President;
  - the Cabinet Secretary in the Ministry responsible for matters relating to education or his representative;
  - the Attorney General or his representative;
the Cabinet Secretary in the Ministry responsible for public service or his representatives
- one person nominated by the Federation of Kenya Employers;
- two persons, one man and one woman, nominated by the registered trade unions representing the interests of registered teachers;
- one person nominated by a recognised association of private schools; and
a prominent educationist not serving in Government appointed by the Cabinet Secretary.
- A person appointed under subsection (2)(f) shall not be a serving official of the nominating union.
- The chairperson shall convene the first meeting of the selection panel within seven days of his or her appointment.
- The selection panel shall, within seven days of convening, invite applications from persons who qualify for nomination and appointment as chairperson or member of the Commission by advertisement in at least two daily newspapers of national circulation

The selection panel shall within seven days of receipt of applications under subsection (5)—
- - consider the applications to determine their compliance with the provisions of the Constitution and this Act;
  - shortlist the applicants;
  - interview the shortlisted applicants; and
  - submit the names of three qualified applicants for the position of chairperson and thirteen qualified applicants for the position of a member to the President.
The President shall, within seven days of receipt of the names forwarded under subsection (6), nominate one person and eight others for appointment as chairperson and members of the Commission and forward the names to the National Assembly for approval.
- The National Assembly shall, within twenty one days of its sitting, consider each nomination received under subsection (7) and approve or reject any of them.
- Where the National Assembly approves the nominees, the Speaker of the National Assembly shall, within five days forward the name of the approved applicants to the President for appointment.
- The President shall, by notice in the Gazette, appoint the chairperson and members approved by the National Assembly within seven days of receipt of the approved nominees from the Speaker of the National Assembly.
Where the National Assembly rejects any nominee, the Speaker shall within five days communicate its decision to the President and request the President to submit fresh nominations from amongst the persons shortlisted and forwarded by the selection panel under subsection (6).
- If the National Assembly rejects any or all of the subsequent nominees submitted by the President for approval under subsection (10), the provisions of subsections (5) and (6) shall apply.
- The panel shall stand dissolved upon the appointment of the chairperson and members under subsection (10).
- Where the provisions of subsection (11) apply, the panel shall continue to exist but shall stand dissolved upon the requisite appointments being made.

The ministry responsible for public service shall provide secretariat services to the panel.
- In nominating or appointing a person as a member of the Commission, the panel and the President shall—
  - observe the principle of gender equity, ethnic and other diversities of the people of Kenya, and shall ensure equality of opportunity for persons with disabilities; and
  - take into account the national values and principles set out in Articles 10, 27 and 232 of the Constitution.
- Until after the first general election under the Constitution, the President shall in nominating persons for appointment as chairperson or member of the Commission act in consultation with the Prime Minister.
Despite the foregoing provisions of this section, the President, in consultation with the Prime Minister may by notice in the Gazette, extend the period specified in respect of any matter under this section by a period not exceeding twenty-one days.
- Subject to this section, the panel may determine its own procedure.

9. Oath of office

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

10. Vacancy

The office of the chairperson or member shall become vacant if the holder—
- dies;
- by a notice in writing addressed to the President resigns from office;
- is convicted of a criminal offence and sentenced to a term of imprisonment of not less than six months; or
- is removed from office in accordance with Article 251 of the Constitution.
- The President shall notify every resignation, vacancy or removal as the case may be in the Gazette within fourteen days of such vacancy.
- Where a vacancy occurs in the membership of the Commission under subsection (1), the appointment procedure provided for in section 8 shall with necessary modifications, apply.
- A member appointed under subsection (3) shall serve for a non- renewable term of six years.

11. Functions of the Commission – (TSC ACT)

In addition to the functions set out in Article 237 of the Constitution, the Commission shall—

formulate policies to achieve its mandate;

provide strategic direction, leadership and oversight to the secretariat;
ensure that teachers comply with the teaching standards prescribed by the Commission under this Act;
manage the payroll of teachers in its employment;

facilitate career progression and professional development for teachers in the teaching service including the appointment of head teachers and principals;
monitor the conduct and performance of teachers in the teaching service; and
do all such other things as may be necessary for the effective discharge of its functions and the exercise of its powers.

12. Powers of the Commission

The Commission shall have all powers necessary for the execution of its functions under the Constitution and this Act.
- In the performance of its functions and in the exercise of its powers, the Commission—
  - may inform itself in such manner as it considers appropriate;
may receive written or oral statements from members of the public;
- - may require the attendance of a person before it or its committee; and
  - shall not be bound by the strict rules of evidence.

13. Committees of the Commission

The Commission may from time to time establish such committees as may be necessary for the better carrying out of its functions and the exercise of its powers.
- Without prejudice to the generality of subsection (1), the committees may deal with issues relating to recruitment, promotion, dispute resolution and discipline of registered teachers.
- The Commission may co-opt into the membership of committees established under subsection (1) any person whose knowledge and skills are necessary for the proper performance of the functions of the Commission.
- A person co-opted under subsection (3) may attend the meetings of the committee and participate in its deliberations but shall have no right to vote at the meeting.
In addition to the committees established under subsection (1), the Commission shall constitute a consultative committee on the terms and conditions of service of registered teachers employed by the Commission.
- The committee constituted under subsection (5) shall consist of—
  - a chairperson who shall be an experienced educationist appointed by the Commission;
  - a member of the Commission;

(c) the Secretary to the Commission;
(d) a representative of the Principal responsible for education;	Secretary	in	the	Ministry
(e) a representative of the Principal responsible for finance;	Secretary	in	the	Ministry
(f) a representative of the Principal	Secretary	in	the	Ministry

responsible for public service;

five persons nominated by trade unions representing the interests of registered teachers; and
a certified public secretary of good professional standing appointed by the Commission, who shall be the secretary and an ex-officio member of the committee.
- The chairperson, members and secretary appointed under subsection (6)(g) and (h) shall serve for a term of three years renewable for one further term.
- The Commission may make regulations to give further effect to this section.

14. Units of the Commission

The Commission may create within itself such directorates, divisions or units and appoint thereto such staff in accordance with the Regulations.
- Each directorate, division or unit created under subsection (1) shall act in accordance with the mandate approved by the Commission and directives given in writing by the Secretary.

15. Conduct of the affairs of the Commission – (TSC ACT)

The business and affairs of the Commission shall be conducted in accordance with the Second Schedule.
- Except as provided in the Second Schedule, the Commission may regulate its own procedure.
- The Commission may invite any person to attend any of its meetings and to participate in its deliberations, but such a person shall no right to vote at the meeting.

16. Appointment and duties of the Secretary

The appointment of the Secretary to the Commission under Article 250(12) of the Constitution shall be through a competitive recruitment process.
- A person shall not qualify for appointment under subsection (1) unless such a person—
  - is a citizen of Kenya;
  - holds a degree in education from a university recognized in Kenya;
  - has had at least ten years’ experience in education, administration and management, public administration, human resource or financial management; and
  - meets the requirements of Chapter Six of the Constitution.
A person appointed as a Secretary under subsection (1) shall be a State officer.
- The Secretary shall hold office for a term of five years but shall be eligible for re-appointment for one further term of five years.
- The Secretary shall, in the performance of the functions and duties of office, be responsible to the Commission.
- The Secretary shall be—
  - the head of the secretariat;
  - the accounting officer of the Commission;
  - the custodian of all records of the Commission; and

responsible for—
- - executing decisions of the Commission;
  - assigning duties to and supervising the staff of the Commission;
  - facilitating, coordinating and ensuring the execution of the Commission’s mandate;
  - ensuring staff compliance with public ethics and values;
  - the proper and diligent implementation of Part IV of this Act; and
  - the performance of such other duties as may be assigned by the Commission under this Act or any other written law.

17. Removal of the Secretary

The Secretary may only be removed from office by the Commission, in accordance with the terms and conditions of service, for—
- inability to perform the functions of the office arising out of physical or mental infirmity;
- gross misconduct or misbehavior;
- incompetence or neglect of duty;
- a violation of the Constitution; or
- any other ground that would justify removal from office under the terms and conditions of service.
- Before the Secretary is removed under subsection (1), the Secretary shall be given—
  - sufficient notice of the allegations made against him or her; and
  - an opportunity to present his or her case against the allegations, either in person or by a legal representative.

18. Secretariat and staff of the Commission – (TSC ACT)

There shall be a secretariat of the Commission which shall be headed by the Secretary.
In addition to the professional, technical and administrative staff appointed by the Commission under Article 252(1)(c) of the Constitution, the Government may, upon the request by the Commission, second to the Commission such number of public officers as may be necessary for the purposes of the Commission.
- Further to subsection (2), the Commission may second its staff to other national government institutions at the request of those institutions.
- A public officer seconded to the Commission shall, during the period of secondment be deemed to be an officer of the Commission and shall be subject only to the direction and control of the Commission.
- The staff of the Commission may be appointed subject to its approved establishment.
- The Commission shall ensure that, in the appointment of members of its staff, not more than two thirds of the staff of the Commission shall be of the same gender taking into account of—
  - persons with disabilities; and
  - regional and ethnic diversity of the people of Kenya.

19. The common seal of the Commission

The seal of the Commission shall be such device as may be determined by the Commission and shall be kept in the custody of the Secretary and shall not be used except on the order of the Commission.
- The affixing of the seal shall be authenticated by the chairperson and the Secretary or any other person authorized in that behalf by a resolution of the Commission.
- The common seal of the Commission when affixed to a document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Commission under this section shall be presumed to have been duly given

20. Delegation by the Commission

Subject to this Act, the Commission may, either generally or in a particular case, delegate to any committee or to any member, officer, staff or agent of the Commission the exercise of any of the functions of the Commission under this Act.

21. Legal proceedings against the Commission

Proceedings against the Commission shall be deemed to be proceedings against the Government and shall be subject to the Government Proceedings Act.
- Any notice or other processes in respect of legal proceedings under subsection (1) shall be served upon the Secretary to the Commission.

22. Protection from personal liability

No matter or thing done by a member of the Commission or any officer, staff or agent of the Commission shall, if the matter or thing is done in good faith

for executing the functions, powers or duties of the Commission, render the member, officer, staff or agent personally liable to any action, claim or demand whatsoever.

The provisions of subsection (1) shall not relieve the Commission of the liability to pay compensation or damages to any person for any injury suffered by them their property or any of their interests and arising directly or indirectly from the exercise of any power conferred by this Act or by the failure, whether wholly or partially, or from any works.

TEACHERS SERVICE COMMISSION (TSC) ACT – Kenya

Get more information about the TCS Act 2012 by clicking the site below: https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.tsc.go.ke/index.php/downloads-b/file/282-the-teachers-service-commission-act-2012&ved=2ahUKEwi5usbasan_AhVGU6QEHV7vAcwQFnoECAsQAQ&usg=AOvVaw3cfB19Qb0iTmidhrThhdp-

TEACHERS SERVICE COMMISSION (TSC) ACT-2012

Teachers Service Commission (TSC) Act– 2012 Kenya.

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1. Short title

2. Interpretation

PART II – COMPOSITION AND ADMINISTRATION (TSC ACT)

3. Incorporation of the Commission