The Teachers Service Commission Act Cap 212 in Kenya

This Act may be cited as the Teachers Service Commission Act.

(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 Commission established under Article 237 of the Constitution; "head teacher" means the lead...

(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; and (b) do or perform all such other things or acts for the proper discharge of its functions...

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 principles of public service under Article 232 of the Constitution, taking into account the best interests...

(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 Commission shall serve on a fulltime basis for a non-renewable term of six years.

(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 fifteen years in matters relating to education and training; and (c) meets the requirements of...

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 political party; (c) is a member of a local authority; or (d) has been found in accordance with any...

(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 vacancy and constitute a selection panel for the purpose of selecting suitable candidates for...

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.

(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 offence and sentenced to a term of imprisonment of not less than six months; or (d) is removed from...

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 to the secretariat; (c) ensure that teachers comply with the teaching standards prescribed by the...

(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, the Commission— (a) may inform itself in such manner as it considers appropriate; (b) may receive...

(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 generality of subsection (1), the committees may deal with issues relating to recruitment, promotion,...

(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 under subsection (1) shall act in accordance with the mandate approved by the Commission and directives...

(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. (3) The Commission may invite any person to attend any of its meetings and to participate in its...

(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 under subsection (1) unless such a person— (a) is a citizen of Kenya; (b) holds a degree in education...

(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 physical or mental infirmity; (b) gross misconduct or misbehavior; (c) incompetence or neglect of...

(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 Article 252(1)(c) of the Constitution, the Government may, upon the request by the Commission, second...

(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. (2) The affixing of the seal shall be authenticated by the Chairperson and the Secretary or any...

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 functions of the Commission under this Act.

(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 respect of legal proceedings under subsection (1) shall be served upon the Secretary to the...

(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 duties of the Commission, render the member, officer, staff or agent personally liable to any action,...

(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 teaching service unless such person is registered as a teacher under this Act.

(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 registration is granted; and (c) such other particulars as may from time to time be prescribed by the...

(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) certified copies of certificates and other documents as are necessary to prove the applicant’s...

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 and training or regulations made under this Act.

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 offence or an offence committed against a learner; (d) has been convicted of a criminal offence...

(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 be under the seal of the Commission.

(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 register. (2) An alteration under subsection (1) may be made by the Commission on its own motion or at the...

(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 means; (c) who has been convicted of a sexual offence or an offence against a pupil or...