Lawmakers in the National Assembly are advancing a proposal aimed at guaranteeing teachers in temporary administrative positions full recognition, pay, and a clear path to confirmation.
The move comes after years of delays that have left many educators uncertain about their status and deprived of benefits tied to their roles.
The Teachers Service Commission (Amendment) Bill 2024, sponsored by Mandera South MP Abdul Haro, seeks to set a minimum of 30 days and a maximum of six months for acting appointments. After this period, teachers would automatically be confirmed in the roles they have been serving.
Haro told the House that currently, 3,300 principals and deputy principals are serving in acting roles, while 99,000 teachers hold other administrative positions on an acting basis.
“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,” Haro said.
During discussion, MPs stressed that no teacher acting as a principal, head teacher, or departmental head should remain in that position for more than six months without confirmation. They argued that prompt confirmation would encourage commitment and improve performance in schools.
The legislators further highlighted the need for teachers in acting roles to receive the full range of allowances linked to their positions. They said this should also extend to teachers transferred across sub-counties or working in hardship areas.
Among the allowances mentioned are house, commuter, hardship, responsibility, special duty, special school, readers facilitation, leave, and transfer allowances.
Concerns over unpaid allowances have persisted. Last year, the National Assembly Education Committee was alarmed when the Teachers Service Commission reported that 99,000 teachers had served in acting capacities for over six months without receiving the benefits already budgeted for them.
To address this, the Bill proposes an amendment to Section 11 of the TSC Act, introducing a requirement that the Commission, “in consultation with the Salaries and Remuneration Commission (SRC), [to] facilitate payment of allowances to teachers.”
It also adds Section 32A on acting appointments, allowing teachers to be appointed for at least 30 days and no more than six months, provided they meet the qualifications for the post.
During public participation last year, Attorney General Dorcas Oduor opposed the Bill, arguing that the matters it seeks to address are already covered under existing TSC regulations and career progression guidelines.
Nominated MP Dorcas Muthoni said the law would promote fairness in teacher appointments and prevent long delays that leave teachers vulnerable.
“We have instances where teachers have been subjected to torture as they have been told to act in a position and they keep waiting for up to two years without confirmation,” Muthoni said.
“Workers should not be exploited. If there are allowances to be paid for those acting, they should be paid and should be properly negotiated with the unions involved,” she added.
Muthoni emphasized that teachers should not be forced to work under uncertainty about their future.
“Teachers are not seeking a favour; it’s their right and this House should approve this amendment,” she said.
Baringo North MP Joseph Makilap said teachers in acting roles should enjoy all benefits, adding that this recognition is also crucial for earning respect among peers.
“For those acting while approaching retirement, the benefits should be included in the retirement package,” he said.
Yatta MP Robert Basil said acting appointments lasting years without confirmation 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,” Basil said.
Suba North MP Millie Odhiambo criticized TSC for failing to handle promotions administratively, forcing Parliament to step in with 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,” she said.
Teso South MP Mary Emasse said the delays had eroded trust in the Teachers Service Commission, causing some educators to leave the profession.
“They reach out to us begging us to help them get a promotion. This Bill will now cure that. Some wait for the promotion for so long that 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,” Emasse said.
Debate on the Bill is expected to conclude next week before it moves to the Third Reading stage.
