Understanding the Core Mandates of the Teachers Service Commission (TSC) in Kenya

What is the mandate given to TSC by the 2010 constitution?

The Teachers Service Commission (TSC) is a crucial institution in Kenya’s education system, entrusted with the responsibility of overseeing and managing the welfare of teachers.

Established under Article 237(2) of the Kenyan Constitution, the TSC has several core mandates aimed at ensuring the quality of education and the professionalism of educators in the country.

In this comprehensive article, we will delve into the core functions, membership, and powers of the TSC, shedding light on its significance in the Kenyan education landscape.

A Brief History of the Teachers Service Commission (TSC)

The roots of the Teachers Service Commission can be traced back to the 1950s when teachers in Kenya, led by prominent figures like former President Daniel Arap Moi, advocated for the creation of a unified body to represent their interests.

At the time, teachers were employed by various entities, including missionaries, local authorities, and the Central Government.

This resulted in significant disparities in terms of remuneration and working conditions.

In 1964, the Kenya Education Commission Report, also known as the Ominde Report, emphasized the need for a competent, respected, and satisfied teaching workforce.

In response to these recommendations, the Teachers Service Commission was established in July 1967 through an Act of Parliament.

The TSC aimed to provide teachers with a single employer and uniform terms and conditions of service.

Its mandate encompassed the registration, employment, promotion, discipline, and payment of teachers.

Membership of the Teachers Service Commission

The Teachers Service Commission is composed of a chairperson and eight other members.

These individuals serve on a full-time basis for a non-renewable term of six years.

To be eligible for appointment as the chairperson, one must meet the following criteria:

Hold a degree in education from a recognized Kenyan university.
Possess a minimum of fifteen years of knowledge and experience in education and training.
Meet the requirements of Chapter Six of the Kenyan Constitution, which pertains to leadership and integrity.

For members of the Commission, the qualifications include:

Holding a degree from a recognized Kenyan university.
Having a minimum of ten years of knowledge and experience in fields such as education, governance, management, or law.
Meeting the requirements of Chapter Six of the Kenyan Constitution.

In the appointment process, it is essential that at least two-thirds of the Commission members have experience in the field of education.

Core Mandates of the Teachers Service Commission

The primary functions of the Teachers Service Commission are outlined in Article 237 of the Kenyan Constitution. These functions are as follows:

#1. Register Trained Teachers

The TSC is responsible for registering qualified teachers, ensuring that only those who meet the necessary educational and professional standards are allowed to teach in Kenyan schools.

#2. Recruit and Employ Registered Teachers

The TSC plays a pivotal role in the recruitment and employment of registered teachers, ensuring that schools have a qualified teaching workforce.

#3. Assign Teachers to Public Schools

Teachers employed by the Commission are assigned to various public schools or institutions across the country, addressing teacher shortages and ensuring equitable distribution.

#4. Promote and Transfer Teachers

The TSC manages promotions and transfers of teachers, ensuring career progression and equitable distribution of opportunities.

#5. Exercise Disciplinary Control

The Commission has the authority to exercise disciplinary control over teachers, maintaining professional standards and addressing misconduct.

#6. Terminate Teacher Employment

In cases of severe misconduct or other compelling reasons, the TSC can terminate the employment of teachers.

#7. Review Standards of Education and Training

TSC is responsible for periodically reviewing the standards of education and training for individuals entering the teaching profession, ensuring they meet contemporary needs.

#8. Review Demand and Supply of Teachers

The Commission assesses the demand for and supply of teachers, ensuring that the education sector has a balanced and adequate workforce.

#9. Advise the National Government

TSC provides valuable advice to the national government on matters related to the teaching profession, helping shape education policies and regulations.

Additional Mandates and Functions of TSC

Under Section 11 of the TSC Act, the Commission is tasked with additional mandates and functions, including:

Formulating Policies

TSC formulates policies to achieve its core mandates, providing strategic direction for the education sector.

Providing Leadership and Oversight

The Commission offers leadership and oversight to its secretariat, ensuring effective implementation of its policies and decisions.

Ensuring Compliance with Teaching Standards

TSC ensures that teachers adhere to the teaching standards it prescribes, maintaining professionalism in the teaching service.

Managing Teacher Payroll

The Commission manages the payroll of teachers within its employment, ensuring timely and accurate remuneration.

Facilitating Professional Development

TSC facilitates career progression and professional development opportunities for teachers, including appointments to leadership positions like head teachers and principals.

Monitoring Teacher Conduct and Performance

The Commission monitors the conduct and performance of teachers in the teaching service, promoting accountability.

Taking Necessary Actions

TSC is empowered to take all necessary actions to effectively discharge its functions and exercise its powers.

Powers of the Teachers Service Commission

Article 252 of the Kenyan Constitution grants the TSC specific powers, including:

The authority to initiate investigations independently or based on public complaints.
The ability to engage in conciliation, mediation, and negotiation processes.
The power to recruit its own staff.
The capacity to perform functions and exercise powers as prescribed by legislation, in addition to those conferred by the Constitution.

Furthermore, Section 3 of the Teachers Service Commission Act outlines the Commission’s powers to:

Acquire, hold, charge, and dispose of movable and immovable property.
Perform all other acts necessary for the proper discharge of its functions under the Constitution and the Act.

In the execution of its functions and exercise of its powers, the Commission is not strictly bound by the rules of evidence, allowing it to gather information and receive statements from the public as it deems appropriate.

Conclusion

The Teachers Service Commission (TSC) in Kenya plays a pivotal role in ensuring the professionalism and effectiveness of teachers in the education sector.

With a history dating back to the 1950s, the TSC has evolved to become the central authority responsible for various aspects of teacher management and development.

Its core mandates, as outlined in the Kenyan Constitution, encompass teacher registration, recruitment, assignment, promotion, disciplinary control, and more.

The Commission’s additional functions and powers further underscore its significance in shaping the education landscape of Kenya.

As education remains a cornerstone of national development, the TSC’s role in maintaining high standards and professionalism among teachers is of paramount importance.

FAQs about the Mandate of the Teachers Service Commission (TSC) in Kenya

Q: What is the mandate of the Teachers Service Commission (TSC) in Kenya?

A: The TSC is mandated to oversee and manage the welfare of teachers in Kenya, ensuring the quality of education and the professionalism of educators in the country.

Q: When was the TSC established, and what led to its creation?

A: The TSC was established in July 1967 through an Act of Parliament. It was created to provide teachers with a single employer and uniform terms and conditions of service, addressing disparities in remuneration and working conditions.

Q: What are the core functions of the TSC as outlined in the Kenyan Constitution?

A: The core functions of the TSC, as outlined in Article 237 of the Kenyan Constitution, include registering trained teachers, recruiting and employing registered teachers, assigning teachers to public schools, promoting and transferring teachers, exercising disciplinary control, terminating teacher employment, reviewing standards of education and training, reviewing teacher demand and supply, and advising the national government on matters related to the teaching profession.

Q: What additional mandates and functions does the TSC have?

A: Under Section 11 of the TSC Act, the Commission has additional mandates and functions, including formulating policies, providing leadership and oversight, ensuring compliance with teaching standards, managing teacher payroll, facilitating professional development, monitoring teacher conduct and performance, and taking necessary actions for the effective discharge of its functions and exercise of its powers.

Q: What powers does the TSC have?

A: The TSC, as outlined in Article 252 of the Kenyan Constitution, has the authority to initiate investigations independently or based on public complaints, engage in conciliation, mediation, and negotiation processes, recruit its own staff, perform functions and exercise powers as prescribed by legislation, and acquire, hold, charge, and dispose of property.

Q: How does the TSC ensure the professionalism of teachers in Kenya?

A: The TSC ensures the professionalism of teachers in Kenya through its core functions of registration, recruitment, promotion, disciplinary control, and continuous professional development.

It also provides leadership, oversight, and policy guidance to maintain high standards in the education sector.