An overview of the TSC powers that the ministry of education has acquired

Representatives of the Ministry of Education in counties and subcounties will be in charge of managing teachers who are employed by both the county government and the Teachers Service Commission (TSC).

TSC teachers will henceforth be supervised by the county and subcounty directors of the ministry. When requesting routine services like transfers and promotions, teachers will interact with the officials more so than those from TSC.

The changes are described in full in the report of the Presidential Working Party on Education Reforms (PWPER), which was published at State House on August 1, 2023, by President William Ruto and chaired by Prof. Raphael Munavu.

Authorities at the federal, state, county, and local levels have already begun to function in their new capacities.

Ezekiel Machogu, the education secretary, recently issued a remark about the status of teacher transfers, which is one indication of the effects of the radical changes.

According to Machogu, 26,871 teachers have not yet been transferred back to their home counties due to a lack of suitable postings. In normal conditions, TSC would address this issue.

Some of the roles on the following list were removed from TSC by the Ministry. For some amendments, a parliamentary act is necessary; for others, a referendum might be required.

1. An education sector regulator

Currently, the Commission serves as both an employer and a regulator in the field of education.

The Kenya Professional Teaching Standards (KePTS) is a new regulating agency that has been proposed by the Taskforce.

2. Quality control

The Taskforce noticed that the Ministry of Education and the TSC were doing the same quality assurance tasks.

This is true even though the Constitution requires the Commission to assess educational standards, prepare those who wish to become teachers, and monitor instructors’ adherence to established teaching standards.

It has been suggested that the TSC regulations be changed to eliminate the overlap and that the Ministry take up the function entirely.

Additionally, all TSC staff members who work in the quality assurance division, such as Curriculum Support Officers (CSO), would be transferred to the Ministry.

3. Principals and head teachers must be held accountable

The Commission is currently responsible for holding the school heads accountable, but under the proposed changes, TSC would only be responsible for hiring and deploying staff.

TSC teachers will henceforth be supervised by the county and subcounty directors of the ministry

4. CBC and additional teacher preparation

The Commission is in charge of retraining instructors for competency-based curriculum (CBC) within the current system.

In reality, the TSC Act mandates that the Commission implement career advancement and professional development initiatives for certified teachers.

It has been suggested, though, that the Ministry take over the responsibility for everything, including paying teachers’ salaries.

5. Transfers of Teachers

Ruto’s taskforce recommended that this be done together with the Ministry of Education while the Commission has been making decisions regarding the transfers of instructors.

In other words, before moving teachers, TSC will need to get authorization and consent.

The Ministry will be represented on the committees responsible for assigning and moving principals and head teachers.

Cases involving teacher discipline

An Education appeals tribunal will have the authority to handle disciplinary cases and decision-related appeals in place of the TSC, which will no longer be in charge of doing so.

This means that any member who is unhappy with the TSC’s decision may appeal to the Tribunal.

The TSC Act does not yet have an appeals provision.

According to the code of regulations for teachers, the discipline process will be handled at the Commission’s headquarters and at the county level. An ad hoc committee of the Commission called the Teachers Service Review Committee has also been established, and its purpose is to consider and decide on appeals that result from the discipline process as prescribed by regulations.

7. Promotions for teachers

The Constitution’s Article 237 (2) (c) and (d) requires TSC to promote instructors. However, the Taskforce pointed out that the Ministry was not involved, thus it was suggested that TSC approach the Ministry before making the adjustments.

8. Coverage by health insurance

It has been suggested that the teachers’ health insurance program be reviewed going ahead.

The Ministry and TSC will work together on this.

9. Information Management

The right to access information under Article 35 of the Constitution’s states would be restricted to the nature and extent stated under Section 42(5) of the TSC Act.

The removal of Section 42(5) has been proposed.

Additionally, the Data Commissioner will register the Commission as a data controller under the Data Protection Act.

In order to develop its terms of reference for the reform of Kenya’s education system, the team sought input from the general public and other sector players.

10. Management of the Commission’s business

Currently, one-half of the commission’s members must be present for a meeting to be quorate.

A quorum is defined as two-thirds of the members in the new report.

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