Section 1 of The Teachers Service Commission Act CAP 212: Short title
This Act may be cited as the Teachers Service Commission Act.
Check the current authoritative text and amendment history before relying on this provision.
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View all →Section 2 — Interpretation
(1) In this Act, unless the context otherwise requires— "Chairperson" means the Chairperson of the Commission appointed under the Constitution and section 8; "Commission" means the Teachers Service Co…
Section 3 — Incorporation of the Commission
(1) In addition to the powers of the Commission under Article 252 of the Constitution, the Commission shall have the power to— (a) acquire, hold, charge and dispose of movable and immovable property;…
Section 4 — Guiding principles
In the performance of its functions and the exercise of its powers, the Commission shall— (a) be guided by the national values and principles of governance under Article 10 and the values and principl…
Section 5 — Membership of the Commission
(1) The Commission shall consist of a Chairperson and eight other members appointed in accordance with the Constitution and the provisions of section 8. (2) The Chairperson and members of the Commissi…
Section 6 — Qualification for appointment of Chairperson and members
(1) A person shall be qualified for appointment as the Chairperson if such person— (a) holds a degree in education from a university recognized in Kenya; (b) has knowledge and experience of at least f…
Section 7 — Disqualification from membership
A person shall not be qualified for appointment as a Chairperson or member if the person— (a) is a serving member of Parliament or County Assembly; (b) is a serving member of a governing body of a pol…
Section 8 — Procedure for nominations and appointment
(1) 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…
Section 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.
Section 10 — Vacancy
(1) The office of the Chairperson or member shall become vacant if the holder— (a) dies; (b) by a notice in writing addressed to the President resigns from office; (c) is convicted of a criminal offen…
Section 11 — Functions of the Commission
In addition to the functions set out in Article 237 of the Constitution, the Commission shall— (a) formulate policies to achieve its mandate; (b) provide strategic direction, leadership and oversight…
Section 12 — Powers of the Commission
(1) The Commission shall have all powers necessary for the execution of its functions under the Constitution and this Act. (2) In the performance of its functions and in the exercise of its powers, th…
Section 13 — Committees of the Commission
(1) 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. (2) Without prejudice to the general…
Section 14 — Units of the Commission
(1) The Commission may create within itself such directorates, divisions or units and appoint thereto such staff in accordance with the Regulations. (2) Each directorate, division or unit created unde…
Section 15 — Conduct of the affairs of the Commission
(1) The business and affairs of the Commission shall be conducted in accordance with the Second Schedule. (2) Except as provided in the Second Schedule, the Commission may regulate its own procedure.…
Section 16 — Appointment and duties of the Secretary
(1) The appointment of the Secretary to the Commission under Article 250(12) of the Constitution shall be through a competitive recruitment process. (2) A person shall not qualify for appointment unde…
Section 17 — Removal of the Secretary
(1) The Secretary may only be removed from office by the Commission, in accordance with the terms and conditions of service, for— (a) inability to perform the functions of the office arising out of ph…
Section 18 — Secretariat and staff of the Commission
(1) There shall be a secretariat of the Commission which shall be headed by the Secretary. (2) In addition to the professional, technical and administrative staff appointed by the Commission under Art…
Section 19 — The common seal of the Commission
(1) 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…
Section 20 — Delegation by the Commission
Subject to this Act, the Commission may, either generally or in particular case, delegate to any committee or to any member, officer, staff or agent of the Commission the exercise of any of the functi…
Section 21 — Legal proceedings against the Commission
(1) Proceedings against the Commission shall be deemed to be proceedings against the Government and shall be subject to the Government Proceedings Act (Cap. 40). (2) Any notice or other processes in r…
Section 22 — Protection from personal liability
(1) 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 du…
Section 23 — Commission to register teachers
(1) The Commission shall, in accordance with Article 237 of the Constitution, be responsible for the registration of trained teachers in the teaching service. (2) A person shall not engage in the teac…
Section 24 — Register of teachers
(1) The Commission shall cause to be kept a register which shall contain— (a) the names and addresses of every teacher registered under this Act; (b) the qualifications in respect of which the registr…
Section 25 — Application for registration
(1) A person who qualifies to be registered as a teacher under this Act may apply to the Commission in the prescribed manner. (2) An application made under subsection (1) shall be accompanied by— (a)…
Section 26 — Qualifications for registration as a teacher
A person shall be eligible to be registered as a teacher if such person— (a) is of good moral character; and (b) holds a relevant certificate issued to him or her under any law relating to education a…
Section 27 — Grounds for refusal to register
The Commission shall not register a person as a teacher if such person— (a) does not possess the prescribed qualifications; (b) is not of good moral character; (c) has been convicted of a sexual offen…
Section 28 — Certificate of registration
(1) The Commission shall issue to every teacher who is registered under this Act a certificate of registration in the prescribed form. (2) A certificate of registration issued under this section shall…
Section 29 — Correction of register
(1) The Commission may, from time to time and as soon as is reasonably practicable make such alterations to the register as are necessary to correct any error in the particulars entered in the registe…
Section 30 — Removal of name from the register
(1) The Commission may, after inquiry, cause to be removed from the register the name of any person — (a) who has died; (b) who the Commission is satisfied has obtained registration through fraudulent…
Section 31 — Reinstatement of name in the register
(1) Where the name of any person has been removed from the register, the Commission may, either of its own motion or on the application of the concerned teacher made in the prescribed manner, and in e…
Section 32 — Publication of the register
(1) The Commission shall cause to be published and publicized annually, in an accessible manner, a list containing the names, addresses and qualifications of all registered teachers appearing on the r…
Section 33 — Discipline of registered teachers
(1) The Commission may, subject to the regulations made under this Act, take disciplinary action against any person registered as a teacher under this Act. (2) Subject to subsection (1), the disciplin…
Section 34 — Disciplinary action
(1) A registered teacher shall be deemed to be a teacher in the teaching service, save as otherwise provided in this Act or any other law, and shall be subject to the law and regulations from time to…
Section 35 — Compliance with teaching standards
(1) The Commission shall take all necessary steps to ensure that persons in the teaching service comply with the teaching standards prescribed by the Commission under this Act. (2) For purposes of sub…
Section 36 — Funds of the Commission
(1) The funds of the Commission shall consist of— (a) monies allocated by Parliament for purposes of the Commission; (b) grants, gifts, donations or other endowments given to the Commission; (c) such…
Section 37 — Remuneration and allowances
(1) The salaries and allowances payable to, and other terms and conditions of service of the Chairperson and members of the Commission shall be determined by the Salaries and Remuneration Commission.…
Section 38 — Annual estimates
(1) Before the commencement of each financial year, the Commission shall cause to be prepared estimates of the revenue and expenditure of the Commission for that year. (2) The annual estimates shall m…
Section 39 — Financial year of the Commission
The financial year of the Commission shall be the period of twelve months commencing on the first of July and ending on the thirtieth of June of the subsequent year.
Section 40 — Accounts and audit
(1) The Commission shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission. (2) Within a period of three months after the en…
Section 41 — Annual report
(1) The report of the Commission under Article 254 of the Constitution, shall, in respect of the year to which it relates— (a) the financial statements of the Commission; (b) a description of the acti…
Section 42 — Management of information
(1) The Commission shall publish and publicise any important information within its mandate affecting the nation. (2) A person may request for information in the public interest. (3) A request for inf…
Section 43 — Publicity
The Commission shall, in such manner as it considers appropriate, publish a notice for public information specifying— (a) the location of all its offices; and (b) its address or addresses, telephone n…
Section 44 — Offences
(1) A person who— (a) procures or attempts to procure the entry of any name on the register by willfully making or producing or causing to be made or produced, either orally or in writing, any declara…
Section 45 — General penalty
Any person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine of not less than one hundred thousand shillings or to imprisonment for a term not exceeding…
Section 46 — Review
A person who is aggrieved by a decision of the Commission under this Act may apply to the Commission for review of that decision.
Section 47 — Regulations
(1) The commission may make regulations generally for the better carrying out of its functions and the exercise of its powers under the Constitution and the provisions of this Act and, without prejudi…
Section 48 — Code of conduct
The Commission shall develop a code of conduct for its members and staff and registered teachers.
Section 49 — Repeal of Cap. 212
The Teachers Service Commission Act, No. 2 of 1967 is repealed.
Section 50 — Saving and transition
(1) Notwithstanding section 49, a person who immediately before the commencement of this Act, was a staff of the Teachers Service Commission under the repealed Act, shall continue to hold or act in th…