The TSC headquarters in Upper Hill, Nairobi (left) and a past session in the National Assembly.
Teachers in administrative roles are set to enjoy the same allowances and privileges as those confirmed in a Bill that is expected to be endorsed by lawmakers.
The Teachers Service Commission (Amendment) Bill 2024, sponsored by Mandera South MP Abdul Haro, aims to cap the period for those appointed by the TSC in an acting capacity at a minimum of 30 days and a maximum of six months, after which they will automatically become permanent occupants of those roles.
While moving the bill, Mr Haro informed the House that 3,300 school heads and deputies are currently serving in acting capacities, alongside 99,000 others in various acting roles.
“The prolonged situation erodes motivation, discourages retention, and weakens succession planning in school leadership. The Bill seeks fairness in acting appointments to be made in a structured way and to streamline allowances that go with them,” Mr Haro said.
While debating the bill, the lawmakers pointed out that no teacher appointed by the TSC to act as a principal, head teacher, head of department, or in any other administrative position, should stay in that position for more than six months.
Through the Bill, the lawmakers are also pushing for those who have served in a position for a maximum period of six months to be confirmed in the position by the TSC, as a way of motivating teachers and reducing the backlog of those who have never been promoted.
During the debate, the MPs said that when a teacher is appointed to an acting position, they should receive all the allowances that come with the new role.
According to the lawmakers, the wide range of allowances should also be extended to teachers in hardship areas and to those transferred from one sub-county to another.
These include house, commuter, hardship, special duty, responsibility, special school, readers' facilitation or aid, leave and transfer allowances.
Last year, the National Assembly education committee was shocked after TSC told them that 99,000 teachers have been in acting positions for more than six months without allowances despite the money being provided for in the budget.
The Bill seeks to amend Section 11 of the TSC Act by inserting a new clause requiring the Commission, “in consultation with the Salaries and Remuneration Commission (SRC), [to] facilitate payment of allowances to teachers.
Teachers Service Commission Acting CEO Eveleen Mitei before the National Assembly Committee on Implementation at Bunge Tower Nairobi on July 29, 2025.
The Bill introduces new Section 32A on acting appointments which proposes allowing TSC to appoint teachers in acting capacities for a minimum of 30 days and a maximum of six months, provided they meet the prescribed qualifications.
During the public participation of the Bill last year, Attorney General Dorcas Oduor opposed it, saying the issues it is seeking to address have been comprehensively provided for by the TSC Act cap 212, TSC code of regulations 2015, and teachers career progression guidelines.
Nominated MP Dorcas Muthoni said the Bill once passed will promote fairness in the teaching profession.
“We have instances where teachers have been subjected to torture as they have been told to act in a position, they keep waiting for up to two years without confirmation,” Ms Muthoni said.
“Workers should not be exploited, if there are allowances to be paid for those acting, it should be paid and should be properly negotiated with the unions involved,” she added.
Ms Muthoni said teachers should not work and at the same time are uncertain about tomorrow on whether they will be confirmed in the position or not.
“Teachers are not seeking a favor, it’s their right and this House should approve this amendment,” Ms Muthoni said.
Baringo North MP Joseph Makilap said a teacher in acting capacity should enjoy all the privileges that is when he can even earn respect from his colleagues in the staffroom
The Ministry of Education headquarters Jogoo house Nairobi.
“For those acting while approaching retirement, the benefits should be included in the retirement package,” he said.
Yatta MP Robert Basil said many teachers act in a position for even more than two years then someone else is substantively appointed to the position a move he said demoralize teachers
“If you have been acting in a position for more than six months, you should be confirmed, this will motivate teachers and they will teach well,” Mr Basil said.
Suba North MP Millie Odhiambo accused TSC of failing to address the promotion matter of teachers’ administratively forcing parliament to come in through legislation.
“This is a matter that should be dealt with administratively but sometimes the bodies mandated to do these things don’t do their work and we are forced to legislate,” Ms Odhiambo said.
Teso South MP Mary Emasse said some teachers have lost trust in their employer-TSC because they act in a position for so long but are not confirmed.
“They reach out to us begging to help them get a promotion. This Bill will now cure that. Some wait for the promotion for so long until they decide to leave the profession to do other things, this makes us lose valuable skills which end up impacting the performance of the learners,” Ms Emasse.
Debate of the Bill is expected to be completed next week before it proceeds to third reading.
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