LAWS OF KENYA

The Teachers Service Commission Act

Chapter 212

Revised Edition 2009 (1968)

Published by the National Council for Law Reporting
with the Authority of the Attorney General
 CAP. 212 Teachers Service Commission [Rev. 2009

CHAPTER 212

THE TEACHERS SERVICE COMMISSION ACT

ARRANGEMENT OF SECTIONS
Section
1�
—Short title.
2�
—Interpretation.

Establishment of Teachers Service Commission and Structure,

Etc., of Teachers Service

3�
—Establishment of Teachers Service Commission.
4�
—Establishment of teachers service and general functions of
Commission.
5�
—Powers of Minister.
6�
—Code of regulations.

Register of Teachers and Disciplinary Provisions

7�
—Establishment of register, power of Commission to refuse
registration and appeals in respect of such refusal.
8�
—Regulations regarding registration.
9�
—Disciplinary proceedings against registered teachers.
10�
—Determinations of Commission in disciplinary proceedings
and appeals therefrom.

Teachers Service Appeals Tribunal

11�
—Establishment of Appeals Tribunal.
12�
—Procedure of Tribunal.

Teachers Service Remuneration Committee

13�
—Establishment of Teachers Service Remuneration
Committee.
14�
—Review of remuneration of teachers service.
15�
—Provision for reference.

Financial Provisions

16�
—Grants, etc., by Minister for purposes of Act.
17�
—Remuneration of teachers assigned to local authorities.
18�
—Accounts and audit.
Rev. 2009] Teachers Service Commission CAP. 212 

Section
Miscellaneous

19�
—Annual report of Commission.
20�
—Service of notices.
21�
—Offences.
22�
—Power of Minister to exempt.
23�
—Former regulations to continue in force.

Schedules
 CAP. 212 Teachers Service Commission [Rev. 2009

CHAPTER 212
2 of 1967,
L.N. 95/1971, THE TEACHERS SERVICE COMMISSION ACT
12 of 1984,
2 of 2002. Commencement: *

An Act of Parliament to provide for the establishment of a Teachers Service

Commission; to provide for the registration of teachers, for regulating
the teaching profession and for cancelling registration in cases of
misconduct; to provide for the determination of remuneration of
teachers; and for purposes connected therewith

Short title. 1. This Act may be cited as the Teachers Service Commission
Act.

2. In this Act, except where the context otherwise requires�

—
Interpretation.

“Appeals Tribunal” means the Teachers Service Appeals Tribunal

established under section 11 of this Act;

“Commission” means the Teachers Service Commission

established under section 3 of this Act;

“Committee” means the Teachers Service Remuneration

Committee established under section 13 of this Act;

“financial year” means a period of twelve months ending on the

31st December in any year, so however that the first financial year of
the Commission shall be the period commencing with the appointed
day for section 3 of this Act and ending with the second occurrence of
the 31st day of December;

“local authority” has the meaning assigned to it in the Local

L.N. 256/1963.
Government Regulations 1963;

“manager” means any person or body of persons responsible for

the management of a school;

“the Minister” means the Minister for the time being responsible
for education;

“public school” has the meaning assigned to it in the Education

Cap. 211.
Act;

∗
Sections 1 to 6, 7 (except subsection (5)), 8, 16, 18 and 22: 23.1.1967
(L.N .21/1967). Sections 7 (5), 9 to 15, 17, 19, 20, 21 and 23: 1.7.1967 (L.N.
135/1967).
Rev. 2009] Teachers Service Commission CAP. 212 

“the register” means the register established by the Commission

under section 7 of this Act; and “registered” and “registration” shall be
construed accordingly;

“remuneration” includes allowances and benefits (other than

pension benefits);

“school” has the meaning assigned to it in the Education Act;

“teachers service” means the service referred to in section 4 of

this Act;

“unaided school” has the meaning assigned to it in the Education

Act.

Establishment of Teachers Service Commission and Structure,

Etc., of Teachers Service

3. (1) There is hereby established a body corporate to be called the Establishment of

Teachers Service Commission which shall have the functions assigned Teachers Service
to it by or under this Act. Commission.
12 of 1984, Sch.,
2 of 2002, Sch.
(2) The Commission shall consist of a chairman and not less than
two nor more than twenty-four other members, all of whom shall be
appointed by the Minister.

(3) A person shall not be qualified to be appointed as a member

of the Commission if he is employed as a teacher in, or as a manager
of, any school.

(4) A member of the Commission shall not, within a period of

three years commencing with the day on which he last held or acted in
the office of a member of the Commission, be eligible for appointment
as a teacher in, or as a manager of, any school.

(5) The First Schedule to this Act shall have effect with respect
to the Commission.

4. (1) It shall be the duty of the Commission to establish and Establishment of

maintain a teachers service adequate to the needs of public schools in teachers service and
general functions of
Kenya, and for that purpose the Commission shall have power�� —�
Commission.

(a) to recruit and employ registered teachers, to assign teachers

employed by the Commission for service in any public
school, to promote or transfer any such teacher, to terminate
the employment of any such teacher, and to exercise the
powers conferred on the Commission by the code of
 CAP. 212 Teachers Service Commission [Rev. 2009

regulations published under section 6 of this Act;

(b) to delegate to any person or body, with the consent of the

Minister and subject to such conditions as he may impose,
any of its powers under paragraph (a) of this subsection;

(c) to do anything which in its opinion is incidental or conducive

to the exercise of its powers under the foregoing paragraphs
of this subsection.

(2) It shall also be the duty of the Commission to keep under

review the standards of education, training and fitness to teach
appropriate to persons entering the teachers service, and the supply
of teachers, and to tender advice to the Minister from time to time on
the aforesaid matters and on such other matters as may be referred to
it by the Minister

(3) The Commission may, with the consent of the Minister

and subject to such conditions as he may impose, assign any teacher
employed by the Commission for service in an unaided school.

Powers of Minister. 5. (1) The Minister may, after consultation with the Commission,
give to the Commission directions of a general character as to the
exercise and performance by the Commission of its functions under
this Act in relation to matters which appear to him to affect the public
interest, and the Commission shall give effect to any such directions.

(2) The Minister may make regulations prescribing the grades

into which the teachers service shall be divided, and the qualifications
for appointment in any such grade.

Code of regulations. 6. (1) The Commission shall, with the approval of the Minister,
compile and publish a code of regulations which shall apply to all
teachers employed by the Commission.

(2) The Commission may, with the approval of the Minister, from
time to time modify or amend the code of regulations in such manner
as it thinks fit.

Register of Teachers and Disciplinary Provisions

Establishment of 7. (1) It shall be the duty of the Commission to establish and keep
register, power of a register of teachers, and to comply with any regulations made by the
Commission to refuse
Minister under section 8 of this Act with respect to that register.
registration and
appeals in respect of
such refusal. (2) Subject to subsection (3) of this section, a person shall be
entitled to be registered as a teacher if�
—
Rev. 2009] Teachers Service Commission CAP. 212 

(a) he is the holder of any certificate, licence or authority to

teach issued to him under the Education Act as in force Cap. 211.
immediately before the commencement of this Act; or

(b) he has fulfilled the requirements as to qualifications

prescribed by regulations made under section 8 of this Act;
or

(c) in the case of a person whom the Commission wishes to

employ, but who is not entitled to be registered under either of
the two foregoing paragraphs, his education, fitness to teach
and experience are such as, in the opinion of the Commission,
to warrant his registration; or

(d) the Minister certifies in writing that he is, in the opinion of

the Minister, a fit person to teach in an unaided school.

(3) The Commission shall refuse to register a person as a teacher

if��
—�

(a) it is not satisfied that he is entitled to be registered under

subsection (2) of this section; or

(b) it is satisfied that he is an unsuitable person to be a teacher

on the grounds that he is not of good moral character, or has
been convicted of a criminal offence which, in the opinion
of the Commission, renders him unfit to be a teacher, or is
guilty of infamous conduct in any professional respect, or
has been engaged in any activities which, in the opinion of
the Commission, are prejudicial to peace, good order or good
government in Kenya; or

(c) it is satisfied that he suffers from some physical or mental

defect or disease rendering him, in the opinion of the
Commission, unsuitable to be a teacher.

(4) Where the Commission refuses to register a person under this

section, the Commission shall cause a notice to be served on that person
informing him of the refusal and stating the grounds thereof.

(5) Any person aggrieved by the refusal of the Commission to

register him under this section may, within twenty-eight days of the
service on him of the notice, appeal to the Appeals Tribunal.

8. (1) The Minister shall make regulation with respect to the Regulations
register and the registration of teachers therein, and such regulations regarding
shall�
— registration.
 CAP. 212 Teachers Service Commission [Rev. 2009

(a) prescribe the requirements as to qualifications for

registration;

(b) prescribe the particulars, information, proof or evidence

as to any matter to be furnished upon application for
registration;

(c) provide for the issue, variation and revocation of certificates

of registration.

(2) Regulations made under this section may�

—

(a) prescribe the particulars and information to be included in

the register;

(b) require attendance for interview by the Commission, or

attendance for and submission to such medical examination
as may prescribed, by any applicant for registration;

(c) provide for the provisional registration of persons, subject

to such conditions as may be prescribed;

(d) provide for application for registration by, and registration

of, persons whose names have been removed from the
register or whose applications for registration have been
refused;

(e) prescribe in respect of any action required or permitted by

this Act or by regulations under this section to be taken in
respect of registration, the time and manner of taking that
action, the procedure to be followed, the fees to be paid, and
the forms to be used;

(f) make different provisions with respect to different cases or

classes of case, impose conditions and make exceptions;

(g) contain such incidental or supplementary provisions as

appear to the Minister to be expedient for the purposes of
the regulations.

Disciplinary 9. (1) The Commission shall investigate, consider and determine

proceedings against any case where it is alleged that a registered teacher should have his
registered teachers. name removed from the register on the ground that, if he were not
registered, the Commission would refuse to register him.

(2) In any proceedings under this section the Commission��

—�
Rev. 2009] Teachers Service Commission CAP. 212 

(a) shall inform the person concerned of the nature of the

allegations made against him, shall afford that person
adequate time for the preparation and presentation of his
defence, and shall afford him the opportunity of being heard
in person;

(b) may act on general evidence or statements relating to the

character or conduct of the person concerned, and shall not
be bound to receive and consider only evidence admissible
in a court of law;

(c) may administer oaths and may, for the purpose of dealing
with any matter before it, summon any person to attend and
give evidence and to produce any relevant documents.

(3) Subject to subsection (2) of this section, the Minister may

make rules for regulating the practice and procedure of the Commission
in proceedings under this section, and, subject as aforesaid, the
Commission may regulate its own practice and procedure.

10. (1) Where the Commission determines in any case under section
Determinations of
9 of this Act that the name of a registered teacher be removed from the
Commission in
register, the Commission shall cause notice of such determination to be disciplinary
served on that person, and shall, subject to subsection (2) of this section, proceedings and
remove the name of that teacher from the register. appeals therefrom.

(2) No determination under subsection (1) of this section shall

take effect until the expiration of the period limited by subsection (4)
of this section for the exercise of the right of appeal to the Appeals
Tribunal, or, where that right has been exercised, until the appeal has
been withdrawn or dismissed.

(3) Any notice served under this section shall include a statement
of the facts found to have been proved in the proceedings before the
Commission and the reasons for the determination.

(4) Any person in respect of whom a determination has been made

by the Commission under this section may, within twenty-eight days of
the service on him of the notice, appeal to the Appeals Tribunal.

Teachers Service Appeals Tribunal

11. (1) There is hereby established a tribunal, to be called the Establishment of

Teachers Service Appeals Tribunal, which shall consider and determine Appeals Tribunal.
appeals to it under sections 7 (5) and 10 (4) of this Act, and whose
decision in any such appeal shall be final.
10 CAP. 212 Teachers Service Commission [Rev. 2009

(2) The Appeals Tribunal shall consist of��

—�

(a) a chairman, who shall be appointed by the Minister;

(b) not less than two nor more than four other members who
shall be appointed by the Minister, and of whom at least one
shall be a registered teacher who shall be appointed after
consultation with the organization appearing to the Minister
to represent teachers.

(3) A person shall not be qualified to be appointed as a member

of the Appeals Tribunal if he is a member of the Commission.

(4) There shall be an assessor to the Appeals Tribunal, who shall

be an advocate of not less than five years standing appointed by the
Tribunal with the approval of the Minister, and who shall, when the
Tribunal may so require, attend the proceedings of the Tribunal and
advise it on questions of law.

(5) The Second Schedule to this Act shall have effect with respect
to the Appeals Tribunal.

Procedure of 12. (1) Subject to subsection (2) of this section, the Minister may
Tribunal. make rules for regulating the practice and procedure of the Appeals
Tribunal, and such rules may��
—�

(a) prescribe who, in addition to the appellant, shall be a party

to any proceedings;

(b) provide that any party to proceedings shall, if he so requires,

be entitled to be heard by the Tribunal;

(c) empower the Tribunal to determine whether any party

to proceedings shall be permitted to be represented by an
advocate or by some other person;

(d) prescribe the manner in which decisions of the Tribunal shall

be recorded and, in cases where it is alleged that a person is
guilty of infamous conduct in any professional respect, that
where the Tribunal determines that the allegation has not
been proved it shall record a finding that the person is not
guilty of such conduct in respect of the matters to which the
allegation relates;

(e) empower the Tribunal to impose fees and award costs.

Rev. 2009] Teachers Service Commission CAP. 212 11

(2) The Appeals Tribunal may administer oaths and may, for the
purpose of dealing with any matter before it, summon any person to
attend and give evidence and to produce any relevant documents.

(3) Subject to subsections (1) and (2) of this section, the Appeals
Tribunal may regulate its own practice and procedure.

Teachers Service Remuneration Committee

13. (1) The Minister shall establish, for the purpose of considering Establishment of
the remuneration payable to teachers in the teachers service, a committee Teachers Service
to be known as the Teachers Service Remuneration Committee. Remuneration
Committee.
(2) The Committee shall consist of��
—�

(a) a chairman, appointed by the Minister as being an

independent person having experience in matters of
education in Kenya;

(b) five persons of whom three shall be nominated from time to

time by the Minister and two shall be nominated from time
to time by the Commission;

(c) five persons nominated from time to time by the organization

appearing to the Minister to represent teachers in the teachers
service.

(3) The Third Schedule to this Act shall have effect with respect
to the Committee.

14. (1) The Committee shall, whenever they think fit or are Review of
required by the Minister to do so, review the remuneration of teachers remuneration of
in the teachers service as that remuneration exists (whether in pursuance teachers service.
of this Act or of any previous enactment or otherwise) at the time of
the review.

(2) Where, in consequence of such a review, the Committee agree

on any recommendations with respect to the remuneration of teachers
in the teachers service, they shall transmit those recommendations to
the Minister.

(3) Upon the receipt of any recommendations agreed by the

Committee the Minister shall, after preparing a draft order to give effect
to those recommendations, and after consulting the Committee with
respect to that draft and considering any representations made by the
Committee with respect thereto, make and publish in the Gazette an
order directing that the remuneration of teachers in the teachers service
12 CAP. 212 Teachers Service Commission [Rev. 2009

shall be determined in accordance with the provisions thereof.

(4) Any order made under this section shall take effect on the date
specified in the order, may be made to have retrospective effect, and
may revoke or amend any previous order.

(5) The remuneration due and payable by the Commission to

teachers employed by the Commission shall be in accordance with any
order having effect under this section.

Provision for 15. (1) The Minister may make arrangements whereby, in such
reference. circumstances and subject to such exceptions as may be provided in
the arrangements, matters in respect of which agreement has not been
reached in the Committee after they have been considered by the
Committee in accordance with section 14 of this Act may be referred
for further consideration and recommendations to such persons, and in
such manner, as may be so provided.

(2) Before making any arrangements under subsection (1) of this

section, the Minister shall consult the organization by whom persons
are nominated to be members of the Committee.

(3) Any such arrangements may include provision��

—�

(a) for the appointment by the Minister of any number of

persons for the purpose of any reference under this section;
and, where any persons are so appointed, the Minister may
provide such facilities as may be required for the purposes
of any such reference;

(b) for the appointment by the Minister for the time being
responsible for labour of a Board of Inquiry under the
Cap. 234. Trade Disputes Act, and for that purpose the matters for
the reference of which the arrangements are made shall
be deemed to be matters which under the said Act the said
Minister is empowered to refer to a Board of Inquiry.

(4) Any such arrangements shall be published in the Gazette, and

may be varied from time to time, or revoked by notice in the Gazette.

Cap. 49. (5) The Arbitration Act shall not apply to any reference under
this section.

Financial Provisions

Grants, etc., by 16. (1) The Minister may, with the consent of the Treasury��
—�
Minister for purposes
of Act.
Rev. 2009] Teachers Service Commission CAP. 212 13

(a) make to the Commission such grants as may be necessary to

enable the Commission to pay the remuneration of teachers
in the teachers service (other than teachers assigned by the
Commission for service in any schools maintained or assisted
by a local authority);

(b) make to the Commission, the Appeals Tribunal and the

Committee such grants as may be necessary to enable those
bodies to discharge their functions under this Act;

(c) pay to the members of the Commission, the Appeals

Tribunal and the Committee (other than a member who is a
public officer in receipt of a salary) such remuneration and
travelling and other allowances as he may with the consent
of the Treasury determine;

(d) pay to any persons appointed under arrangements made

under section 15 of this Act such remuneration (whether by
way of fees or otherwise) and such allowances as he may
with the consent of the Treasury determine;

(e) make such other payments as may be necessary to give effect

to the provisions of this Act.

(2) Any sum applied by the Commission for the payment of the
remuneration of any teacher assigned by the Commission for service
in a school assisted by the Ministry for the time being responsible for
education or in an unaided school, shall be repaid to the Commission
by the manager of that school, in whole or in part, and at such times
and in such manner as the Minister may, with the approval of the
Treasury, direct.

(3) Any sum directed by the Minister, under sub-section (2) of

this section, to be repaid to the Commission shall be a debt due from
and payable by the manager concerned to the Commission and, without
prejudice to any other mode of recovery, shall be a civil debt recoverable
summarily.

(4) Any expenses incurred by the Minister under this Act shall be
defrayed out of moneys provided by Parliament.

(5) Any sums received by the Minister under this Act shall be
paid into the consolidated fund.

17. (1) Where any teacher is assigned by the Commission for Remuneration of
service in a school maintained or assisted by a local authority, it shall teachers assigned to
be the duty of that local authority to make on behalf of the Commission local authorities.
14 CAP. 212 Teachers Service Commission [Rev. 2009

prompt payment to that teacher of the remuneration due and payable to

him by the Commission as his employer.

(2) Where, in consequence of the failure of any local authority to

discharge its duty under subsection (1) of this section, the Commission
makes any payment of remuneration to a teacher, that payment shall,
with interest thereon calculated from the date of such payment at such
rate as the Treasury may from time to time by notice in the Gazette
determine for the purposes of this section, be due from and payable by
that local authority, and shall be recoverable by the Commission, as a
debt, and, without prejudice to any other mode of recovery, it shall be the
duty of the Minister for the time being responsible for local government
to recover that debt on behalf of the Commission, and for that purpose
the Minister shall exercise such of the powers conferred upon him by
any written law relating to local government or by any other written
law, as he may consider appropriate.

(3) For the purpose of ensuring that the Commission is at all times
able to discharge its responsibilities as the employer of teachers assigned
by the Commission for service in schools maintained or assisted by
local authorities, the Minister for the time being responsible for local
government may, with the consent of the Treasury, from time to time
make advances to the Commission, and any moneys so advanced shall
be repayable according to the terms of the advance.

Accounts and audit. 18. (1) The Commission shall keep proper accounts and other
records in relation to the business of the Commission and shall prepare
in respect of each financial year a statement of accounts in such form as
the Minister may, with the approval of the Treasury, direct.

(2) The accounts of the Commission shall be deemed to be a fund

Cap. 412. established under section 28 of the Exchequer and Audit Act, and as
such a fund shall be subject to the provisions of Part VI of that Act.

Miscellaneous

Annual report of 19. (1) The Commission shall, as soon as possible after the end
Commission. of each financial year, make to the Minister a report on the exercise and
performance by the Commission of its functions during that year.

(2) The report of the Commission for any year shall set out any
direction given by the Minister to the Commission during that year,
unless the Minister has notified the Commission his opinion that it is
against the public interest to do so.

(3) The Minister may give directions as to the form of the reports
to be made under this section and the Commission shall comply with
Rev. 2009] Teachers Service Commission CAP. 212 15

any such directions.

(4) The Minister shall lay before the National Assembly a copy
of the report made for each financial year by the Commission and the
Commission shall, if the Minister so requires, publish such report in
such manner as the Minister may specify.

20. Any notice or other document authorized or required to be Service of notices.

served under this Act may, without prejudice to any other method of
service, be served by registered or recorded delivery post, and may, in
relation to a registered teacher, be addressed to the address shown on
the register.

21. (1) Any person who�

—
Offences.

(a) procures or attempts to procure the entry of any name on

the register by wilfully making or producing or causing to be
made or produced, either orally or in writing, any declaration,
certificate or representation which he knows to be false or
fraudulent;

(b) falsely or fraudulently holds himself out to be a registered

teacher;

(c) not being a registered teacher, or a person exempted under

section 22 of this Act, teaches or assists in teaching in any
school;

(d) suffers or permits or employs to teach in any school a person

not being a registered teacher or a person exempted under
section 22 of this Act,

shall be guilty of an offence and liable to a fine not exceeding five

thousand shillings or to imprisonment for a term not exceeding six
months, or to both such fine and such imprisonment.

(2) Any person who without reasonable cause fails, when

summoned by the Commission or by the Appeals Tribunal, to attend as
a witness or to produce any document which he is required to produce
under this Act shall be guilty of an offence and liable to a fine not
exceeding one thousand shillings or to imprisonment for a term not
exceeding one month, or to both such fine and such imprisonment.

22. The Minister may by notice in the Gazette exempt any class Power of Minister to
of persons from all or any of the provisions of this Act. exempt.
16 CAP. 212 Teachers Service Commission [Rev. 2009
Former regulations to 23. (1) The Teachers Service (Employment) Regulations shall, to
continue in force. the extent that they are not inconsistent with the provisions of this Act,
Cap. 212 (1962) and until the date of publication of the code of regulations referred to in
(Sub. Leg.), section 6 of this Act, apply to all teachers employed by the Commission,
L.N. 428/1962,
as if a power to make those Regulations, and to make them so apply,
L.N. 330/1963,
L.N. 448/1963, were conferred upon the Minister by this Act, and as if the Minister had
L.N. 365/1964, made those Regulations, and had made them to so apply, in pursuance
L.N. 129/1965. of that power.

(2) The Minister may at any time by regulations made under this
Act amend or revoke the Teachers Service (Employment) Regulations
as in force pursuant to subsection (1) of this section.

FIRST SCHEDULE (s. 3)

Provisions as to the Teachers Service Commission

Corporate Capacity

1. The Commission shall be a body corporate with perpetual

succession and a common seal and with the capacity to sue and be
sued.

Tenure and Vacation of Office

2. The members of the Commission shall hold office for such

period not exceeding three years as may be determined by the Minister
and shall be eligible for reappointment.

3. A member of the Commission may at any time by notice in

writing addressed to the Minister resign his office, and if a member
absents himself from three consecutive meetings of the Commission
without the permission of the Commission, or becomes, in the opinion
of the Minister, unfit or unqualified to continue in office or incapable
of performing his duties, the Minister may, in such manner as he thinks
fit, declare the office of the member to be vacant.

Meetings and Proceedings

4. Subject as hereinafter provided, the Commission shall have

power to regulate its own procedure.

5. The Commission shall meet not less than six times every
year.
Rev. 2009] Teachers Service Commission CAP. 212 17

6. The chairman may at any time convene a special meeting of the

Commission, and shall do so within one month of the receipt by him of
a written request signed by at least two other members.

7. In the absence of the chairman from any meeting the members

present shall elect one of their number to preside at such meeting.

8. At every meeting of the Commission the chairman or other

member presiding shall have a casting as well as a deliberative vote.

9. The validity of any proceedings of the Commission shall not

be affected by any vacancy amongst the membership thereof, or by any
defect in the appointment of a member thereof.

10. The quorum for any meeting of the Commission shall be

three.

Authentication and Proof of Documents

11. The fixing of the common seal of the Commission shall be

authenticated by the signatures of�
—

(a) the chairman of the Commission, or some other member

thereof authorised either generally or specially by the
Commission to act in his stead for that purpose; and

(b) some other person authorised by the Commission, either

generally or specially, to act for the purpose.

12. Any contract or instrument which, if entered into or executed

by a person not being a body corporate, would not be required to be
under seal, may be entered into or executed on behalf of the Commission
by any person generally or specially authorised by the Commission for
that purpose.

13. Any document purporting to be a document duly executed

under the seal of the Commission or under the seal of an attorney of the
Commission shall be received in evidence and shall, unless the contrary
is proved, be deemed to be a document so executed.

Staff

14. The Commission may, with the consent of the Minister,

employ such officers, servants or agents as may appear to it to be
necessary for the efficient discharge of its functions.
18 CAP. 212 Teachers Service Commission [Rev. 2009

Exemption from Stamp Duty

15. No duty shall be chargeable under the Stamp Duty Act in

Cap. 480. respect of any instrument executed by or on behalf of or in favour of the
Commission in any case where, but for this exemption, the Commission
would be liable to pay such duty.

SECOND SCHEDULE (s. 11)

Provisions as to the Teachers Service Appeals Tribunal

1. The members of the Tribunal shall hold office for such period
not exceeding three years as may be determined by the Minister and
shall be eligible for re-appointment.

2. A member of the Tribunal may at any time by notice in writing

addressed to the Minister resign his office, and if a member absents
himself from three consecutive meetings of the Tribunal without the
permission of the Tribunal, or becomes, in the opinion of the Minister,
unfit or unqualified to continue in office or incapable of performing his
duties, the Minister may, in such manner as he thinks fit, declare the
office of the member to be vacant.

3. In the absence of the chairman from any meeting the members

present shall elect one of their number to preside at such meeting.

4. At every meeting of the Tribunal the chairman or other member

presiding shall have a casting as well as a deliberative vote.

5. The quorum for any meeting of the Tribunal shall be three:

Provided that there shall be no quorum unless there is present at

the meeting a member who is a registered teacher.

6. The validity of any proceedings of the Tribunal shall not be

affected by any vacancy amongst the membership thereof, or by any
defect in the appointment of a member thereof.

7. The Minister shall appoint a public officer to act as secretary to

the Tribunal, and may appoint such other public officers to act as staff
of the Tribunal as he may consider necessary.
Rev. 2009] Teachers Service Commission CAP. 212 19

THIRD SCHEDULE (s. 13)

Provisions as to the Teachers Service Remuneration

Committee

1. The chairman of the Committee shall hold office in accordance

with the instrument appointing him and shall be eligible for re-
appointment.

2. The chairman may at any time convene a special meeting of

the Committee, and shall do so within one month of the receipt by him
of a written request signed by at least two other members.

3. In the absence of the chairman from any meeting the members

present shall elect one of their number to preside at such meeting.

4. The quorum for any meeting of the Committee shall be six:

Provided that there shall be no quorum unless there are present

at the meeting at least two members representing the Minister, at least
one member representing the Commission and at least two members
representing the organisation representing teachers.

5. The validity of any proceedings of the committee shall not be

affected by any defect in the appointment of a member thereof, or by
any vacancy amongst the membership thereof.

6.  The Minister shall appoint a public officer to act as secretary

to the Committee, and may appoint such other public officers to act as
staff of the Committee as he may consider necessary.

7. The secretary of the Committee shall keep a record of all

meetings of the Committee and a copy of every such record shall be
furnished to the Minister.

8. Subject to the foregoing provisions, the Committee may, with

the approval of the Minister, make rules for regulating the procedure
at its meetings.
20 CAP. 212 Teachers Service Commission [Rev. 2009
[Subsidiary]

SUBSIDIARY LEGISLATION

Regulations under section 8

L.N. 85/1967. THE TEACHERS SERVICE COMMISSION (REGISTRATION)
REGULATIONS

Part I��
—�
Preliminary
����������

1. These Regulations may be cited as the Teachers Service Commission

(Registration) Regulations.

2. In these Regulations, except where the context otherwise requires��

—�

“proof” means proof for the purpose of regulation 4 of these Regulations;

and

“registration” means entry in the register, and “to register” and “to be
registered” shall be construed accordingly.

Part II��
—�
Particulars on A
�������������� �pplication for R
��������������� �egistration
�����������

3. The following particulars shall be supplied to the Commission in

writing, in such form as the Commission may from time to time prescribe, by
any person making application to be registered��
—�

(a) full name;

(b) sex;

(c) date of birth;

(d) address;

(e) nationality;

(f) educational qualifications;

(g) professional qualifications;

(h) reference number of any certificate, licence or authority to teach

that may have been issued to him under Part XI of the Education
Cap. 211. Act or under this Act and that has not lapsed or been cancelled;

(i) record of service, giving names of schools in which service was

given and dates of such service; and

(j) any other particulars or information that the Commission may

Cap. 189. require for the purpose of this Act or of the Pensions Act.

4. The Commission may at any time require a person who has been
Rev. 2009] Teachers Service Commission CAP. 212 21
[Subsidiary]
registered, or is applying to be registered, to furnish the Commission with proof
as to the correctness of the following particulars�� —�

(a) date of birth, or presumed date of birth;

(b) nationality;

(c) educational qualifications; and

(d) professional qualifications.

5. (1) Except as provided in regulation 8 of these Regulations, the

Commission shall require proof of the date of birth.

(2) A certified copy of an entry in a register of births issued under

section 26 (2) of the Births and Deaths Registration Act shall be accepted by Cap. 149.
the Commission as proof.

6. The Commission may in its discretion require proof of citizenship, and

such proof shall be a certificate of registration or a certificate of naturalization
issued under the Kenya Citizenship Act. Cap. 170.

7. Original certificates of educational and professional qualifications

shall be submitted to the Commission as proof:

Provided that the Commission may in its discretion accept a photographic,

or legally attested, copy of a certificate as proof.

8. Where the Commission is satisfied that proof cannot be submitted as

prescribed in these Regulations, it may in its discretion accept other forms of
evidence as proof.

Part III��
—�
Medical
������� E
�xamination
����������

9. The Commission may in its discretion require any person applying to

be registered as a teacher, or any registered teacher, to submit to such medical
examination by such medical practitioner as the Commission may prescribe
and may as a result of such examination refuse registration on medical grounds
under section 7 (3) (c) of the Act, or cancel such registration, and the cost of
any such medical examination shall be defrayed by the Commission.

Part IV��
—�
Certificate of R
�������������� �egistration
�����������

10. A certificate of registration shall be issued to each teacher upon

registration in the form prescribed in the First Schedule to these Regulations.

11. (1) Where the Commission has removed the name of a registered
teacher from the register in accordance with section 10 (1) of the Act, the
Commission shall require the teacher to surrender his certificate of registration
to the Commission for cancellation, or to make a declaration in the form in the
Second Schedule to these Regulations that his certificate of registration has
been lost and is presumed to have been cancelled.
22 CAP. 212 Teachers Service Commission [Rev. 2009
[Subsidiary]

(2) The Commission shall notify in the Gazette the name of any person
whose application for registration has been refused in accordance with section 7
(3) of the Act and who has not exercised the right of appeal against such refusal
to the Appeals Tribunal or whose appeal has been withdrawn or dismissed, and
of any teacher whose name has been removed from the register in accordance
with section 10 (1) of the Act, and, in the case of any such person or teacher
who is subsequently registered by the Commission, the cancellation of such
notification.

12. (1) Where there is any change in any of the particulars to be entered in
a certificate of registration, such certificate shall be cancelled by the Commission
and a new certificate issued in its place.

(2) Any person��

—�

(a) who defaces, amends or erases any entry in a certificate of

registration;

(b) whose name has been removed from the register in accordance with
section 10 (1) of the Act and has not subsequently been entered in
the register and who is in possession of, or uses for any purpose, a
certificate of registration; or

(c) not being the person whose full name, address and registration
number appears in a certificate of registration, uses such certificate
for any purpose,

shall be guilty of an offence and liable to a fine not exceeding two thousand
shillings, or to imprisonment for a term not exceeding six months, or to both
such fine and such imprisonment.

13. Where a certificate of registration has been lost or destroyed, a new

certificate of registration may be obtained on submission to the Commission of
a certificate in the form in the Third Schedule to these Regulations, executed
before a Commissioner for Oaths and on payment of a fee of Sh. 10.

Part V—Particulars for Inclusion in the Register

14. The following particulars of a registered teacher shall be included

in the register��
—�

(a) full name;

(b) address; and

(c) registration number.

15. (1) Except as provided in paragraph (3) of this regulation, where

the birth of a registered teacher has been registered under the Births and
Cap. 149. Deaths Registration Act, the full name of such teacher for the purpose of these
Rev. 2009] Teachers Service Commission CAP. 212 23
[Subsidiary]
Regulations shall be the names appearing in the register of births and where a
name by which the birth was so registered has been altered and the alteration
so registered, the full name of such teacher for the purpose of these Regulations
shall be the names appearing in the register of births as so altered.

(2) Except as provided in paragraph (1) and paragraph (3) of this

regulation, the full name of a registered teacher for the purpose of these
Regulations shall be the names entered in the certificate of educational or
professional qualifications of most recent date submitted as proof:

Provided that where no certificate of educational or professional

qualifications is submitted as proof the name of a registered teacher for the
purpose of these Regulations shall be at the discretion of the Commission.

(3) Where the name of a teacher is or has been changed as a result of

marriage or legal declaration, the full name in which such teacher is registered
shall be entered or changed accordingly.

(4) Before making or changing any entry in the register as a result of

marriage in accordance with paragraph (3) of this regulation, the Commission
may require the teacher to submit a certified copy of the entry in the marriage
register book issued under the Marriage Act, a certified copy of the entry in Cap. 150.
the register of marriages issued under the Mohammedan Marriage and Divorce Cap. 155.
Registration Act, or a certificate of marriage issued under the Hindu Marriage Cap. 157.
and Divorce Act.

(5) Any person who applies for employment as a teacher in any name
other than the full name as entered in the register shall be guilty of an offence
and liable to a fine not exceeding one thousand shillings.

Part VI��
—�
Application for A
��������������� �dmission or �
������������ Re�-�admission
���������
to the Register

16. Where the Commission refuses to register a person as a teacher on

any of the grounds specified in section 7 (3) (b) of the Act, or determines that the
name of a registered teacher be removed from the register on such grounds, and
any appeal to the Appeals Tribunal against such refusal or such determination is
withdrawn or dismissed, such person, or such teacher, is precluded from applying
for registration within a period of two years from the date of such refusal, such
determination, such withdrawal, or such dismissal, whichever is the latest.

Part VII��
—�
Fees
���

17. A fee of five shillings shall be paid by each teacher on registration,

which shall not be returnable on removal from the register.
24 CAP. 212 Teachers Service Commission [Rev. 2009
[Subsidiary]
FIRST SCHEDULE (r. 10)

TEACHERS SERVICE COMMISSION

Certificate of Registration

It is hereby certified that (full name) ...........................................................

of (address) ............................... has been registered as a teacher in the register
established and kept by the Teachers Service Commission in accordance with
section 7 (1) of the Teachers Service Commission Act (Cap. 212).

Registration No. ...................................................

Date ......................................................................

Signed ..................................................................
for the Teachers Service Commission

Notes
1. This Certificate is the property of the Commission and must be
surrendered to the Commission on demand.

2. In all correspondence with the Commission, the full name and the
registration number should be quoted.

3. It is an offence to deface, amend or erase this certificate in any way,

or to apply for employment as a teacher in any name other than the full name
as shown in this certificate of registration.

4. Where there is a change in the particulars to be entered in the register

(for example, a change of address), this certificate should be returned to the
Commission with an explanation of the changes proposed to be made in the
register. Where the full name is changed on marriage, the Commission may
require a marriage certificate to be submitted as proof.

5. Any teacher whose name has been removed from the register must
return this certificate to the Commission immediately for cancellation. The
possession or use for any purpose of this certificate by such a teacher is an
offence.

SECOND SCHEDULE (r. 11 (1))

TEACHERS SERVICE COMMISSION

Declaration of Loss of Registration Certificate by a Teacher
Whose Name has been Removed from the Register

I (full name of teacher)........................................................................

of (address)......................................... and Certificate of Registration No.
................... have diligently searched for my certificate of registration but have
been unable to find it. I hereby declare that my certificate of registration has
been lost and is presumed cancelled.

Signed ....................................................................
Date .......................................................................
Rev. 2009] Teachers Service Commission CAP. 212 25
[Subsidiary]
THIRD SCHEDULE (r. 13)

TEACHERS SERVICE COMMISSION

Application for a Duplicate Certificate of Registration

(To be attested by a Commissioner for Oaths)

I apply herewith for a duplicate certificate of registration. I declare that

the certificate of registration issued in my name has been lost or destroyed
and that, if at any time it is found, I will return it immediately to the Teachers
Service Commission.

Full name ....................................................................................

Address ......................................................................................

Registration No. ..........................................................................

Signed .......................................................

Witness .....................................................
Commissioner for Oaths

Stamp of Commissioner for Oaths

(A fee of Sh.10 must be submitted with this application.)

THE TEACHERS SERVICE COMMISSION (QUALIFICATIONS

L.N. 90/1967,
FOR REGISTRATION) REGULATIONS
L.N. 117/1967.
1. These Regulations may be cited as the Teachers Service Commission
(Qualifications for Registration) Regulations.

2. In these Regulations, except where the context otherwise requires�

—

“approved” means approved by the Minister;

“qualified teacher” has the meaning assigned to it in regulation 3 (1) of

these Regulations.

3. (1) A person shall be designated as a qualified teacher if the Minister

is satisfied that he has successfully completed an approved course of training
as a teacher.

(2) Only a qualified teacher shall be deemed to have fulfilled the

requirements as to qualifications for the purpose of section 7 (2) (b) of the
Act.

4. A person shall be deemed to be a qualified teacher if, in the opinion

of the Minister�
—
26 CAP. 212 Teachers Service Commission [Rev. 2009
[Subsidiary]

(a) he is in possession of a certificate issued under section 64 (1) of

Cap. 211. the Education Act; or

(b) he is in possession of a certificate issued under regulation 5 of

these Regulations; or

(c) he is in possession of a postgraduate certificate in education awarded

by the University of East Africa; or

(d) he has successfully completed a full-time or part-time course of

study in education, or including education as a constituent subject,
recognized by the Minister for the purpose of these Regulations, at
a university or other institution of higher education.

5. (1) The Minister may issue a certificate to any person who has obtained
the educational qualification, or reached the standard of education, specified in
the Schedule to these Regulations and who, in the opinion of the Minister�� —�

(a) has successfully completed an approved course of full-time training

as a teacher of a duration so specified; or

(b) has successfully completed such part-time or short courses of

training as a teacher as he may have been required by the Minister
to undertake,

and the grade of any certificate so issued shall be as so specified.

(2) Where the Minister is satisfied that a teacher has obtained qualifications
in addition to those of which account was taken for the purpose of the issue of
a certificate, he may withdraw the teacher’s certificate and issue to him a new
certificate of a higher grade.

(3) Where a teacher has displayed exceptional ability as a teacher and has
completed not less than ten years of recognized teaching service, the Minister
may authorize the payment to him of a salary on a scale appropriate to the grade
next above the grade of his certificate.

6. (1) Where the Minister certifies in writing for the purpose of section
7 (2) (d) of the Act that a person is, in the opinion of the Minister, a fit person
to teach in an unaided school, he shall issue to such person a licence to teach,
which may be subject to such qualifications or limitations as to subjects taught
or standard as the Minister may determine.

(2) The Minister shall cancel a licence issued to a person under paragraph
(1) of this regulation where�—

(a) he is satisfied that the name of the person has been removed from
the register in accordance with section 10 of the Act; or

(b) he has informed the Commission that any certificate given

in accordance with paragraph (1) of this regulation has been
revoked.
Rev. 2009] Teachers Service Commission CAP. 212 27
[Subsidiary]

SCHEDULE (r. 5 (1))

Educational Qualification or Standard Grade of Duration of

of Education Certificate Full-time Course
(years)
Primary school education .. .. .. P4 2
Pass in Kenya Preliminary Examination .. . P3 2
Pass in Kenya Junior Secondary Examination,
or its equivalent .. .. .. P2 2
Pass in Cambridge Overseas School
Certificate Examination, or its equivalent
.. .. . .. .... ... P1 2
Pass in Higher School Certificate
Examination at an approved standard, or
its equivalent .. .. .. S1 1
Pass in Cambridge Overseas School
Certificate Examination at an approved
standard, or its equivalent .. .. .. . S1 3

Rules under section 9 (3)

THE TEACHERS SERVICE COMMISSION (REMOVAL FROM

THE REGISTER) RULES

1. These Rules may be cited as the Teachers Service Commission L.N. 137/1967.
(Removal from the Register) Rules.

2. All proceedings under section 9 of the Act shall be in private.

3. In any proceeding concerning matters to which paragraph (a) or

paragraph (b) of section 7 (3) of the Act refers—

(a) the person concerned shall be informed in writing of the nature

of the allegations against him in the form in the First Schedule to
these Rules;

(b) no allegations shall be considered by the Commission other than

those of which the person has been informed in accordance with
this rule.

4. Where any person is summoned to attend any proceedings for the

purpose of giving evidence, the Commission may, if it thinks fit, order the
payment of the expenses of such person as follows—

(a) if a public officer, such reasonable out-of-pocket expenses as he

may have incurred, other than those payable from a departmental
vote in accordance with Government Regulations obtaining at the
time;
28 CAP. 212 Teachers Service Commission [Rev. 2009
[Subsidiary]

(b) if a person other than a public officer, his reasonable travelling and
out-of-pocket expenses.

5. Where, as a result of proceedings concerning matters to which

paragraph (a) or paragraph (b) of section 7 (3) of the Act refers, the Commission
determines—

(a) that the name of a teacher be removed from the register, the
Commission shall cause notice of such determination to be served
on the teacher in the form in the Second Schedule to these Rules;

(b) that the name of the teacher, notwithstanding that he is guilty of the
allegations made against him, be not removed from the register, the
Commission shall cause notice of such determination to be served
on the teacher in the form in the Third Schedule to these Rules.

(c) that the teacher is not guilty of the allegations made against him, the
Commission shall cause notice of such determination to be served
on the teacher in the form in the Fourth Schedule to these Rules.

FIRST SCHEDULE (r. 3 (a))

Confidential

I am directed by the Teachers Service Commission to say that it is

alleged that you should have your name removed from the register of teachers
on the ground that, if you were not registered, the Commission would refuse
to register you.

The allegations made against you are as follows:—

[Here insert brief statement of allegations, with

relevant date or dates]

Before the Commission proceeds to investigate, consider and determine

your case, I am to invite you to make a statement to the Commission in writing,
which should be received by the Commission within 21 days of the date of this
letter. I am also to say that, before your case is determined, you will be given
an opportunity of being heard by the Commission in person.

SECOND SCHEDULE (r. 5 (a))

Confidential

I am directed by the Teachers Service Commission to say that, as a

result of proceedings under section 9 (1) of the Teachers Service Commission
Act (Cap. 212), the Commission has determined that your name be removed
from the register of teachers.

You have a right of appeal against the decision of the Commission to

the Appeals Tribunal, which must be exercised within 28 days of the date of
this notice. Any appeal should be submitted in writing, stating the grounds of
Rev. 2009] Teachers Service Commission CAP. 212 29
[Subsidiary]
Second Schedule—(Contd.)
appeal, to the Secretary, the Appeals Tribunal [here insert the post office box
number of the Tribunal], Nairobi.

If, on the expiry of 28 days from the date of this notice, no appeal has
been made to the Appeals Tribunal, or if an appeal to the Appeals Tribunal
is withdrawn or dismissed, your name will forthwith be removed from the
register of teachers.

I am to draw your attention to section 21 (1) of the Teachers Service

Commission Act, which includes the following provision:—

“Any person who, not being a registered teacher, or a person

exempted under section 22 of this Act, teaches or assists in teaching in
any school shall be guilty of an offence and liable to a fine not exceeding
five thousand shillings or to imprisonment for a term not exceeding six
months, or to both such fine and such imprisonment.”

[To be included only in cases in which the grounds of removal from the
register are among those shown in section 7 (3) (b) of the Act, otherwise delete.]
Your attention is also drawn to the fact that, as laid down in regulation 16 of
the Teachers Service Commission (Registration) Regulations, an application
from you for registration cannot be entertained by the Commission until two
years from the date of this notice have expired.

THIRD SCHEDULE (r. 5 (b))

Confidential

I am directed by the Teachers Service Commission to say that the

Commission has carefully considered your case and has determined that it will
not on this occasion have your name removed from the register of teachers.

The Commission has directed me to warn you, however, that a very

serious view will be taken of any further allegations that are made against you
and proved.

*Your interdiction is hereby revoked. The Commission has, however,

decided to suspend you from service without pay for a period of months
from the date of this letter. You will be informed in due course of the name
of the school to which you will be assigned after the end of your period of
suspension.

*Your interdiction is hereby revoked. Any salary which would otherwise

have been payable during the period of your interdiction will be paid to you in
full with your next monthly salary payment.

*The Commission has ordered your transfer to another school and you
will not resume service at [here insert name of school]. You will be informed
within a few days of the name of the school to which you are to be assigned.

*The Commission has decided that you are no longer acceptable for
service in the post of headmaster (headmistress, principal) and you are hereby
removed from such a position of responsibility.

* Delete as required.
30 CAP. 212 Teachers Service Commission [Rev. 2009
[Subsidiary]
FOURTH SCHEDULE (r. 5 (c))
Confidential

I am directed by the Teachers Service Commission to say that the

Commission has carefully considered your case and has determined that you
are not guilty of the allegations made against you.

Your interdiction is hereby revoked. Any salary that would otherwise

have been payable during the period of your interdiction will be paid to you in
full with your next monthly salary.

Rules under section 12 (1)

THE TEACHERS SERVICE COMMISSION (APPEALS

L.N. 136/1967. TRIBUNAL) (PRACTICE AND PROCEDURE) RULES

1. These Rules may be cited as the Teachers Service Commission

(Appeals Tribunal) (Practice and Procedure) Rules.

2. All proceedings of the Appeals Tribunal shall be in private.

3. In any proceedings of the Appeals Tribunal, the appellant may be

accompanied by an advocate or other person, who may address the Tribunal on
behalf of the appellant, but may not, except with the permission of the Tribunal,
represent the appellant.

4. Where any person is summoned to attend any proceedings of the

Appeals Tribunal for the purpose of giving evidence, the Tribunal may, if it
thinks fit, order the payment of the expenses of such person as follows—

(a) if a public officer, such reasonable out-of-pocket expenses as he

may have incurred, other than those payable from a departmental
vote in accordance with Government regulations obtaining at the
time;

(b) if a person other than a public officer, his reasonable travelling and
out-of-pocket expenses.

5. The Appeals Tribunal may impose a fee not exceeding twenty shillings
in respect of each appeal.

6. (1) A record of the allegations made against the teacher, the

determination of the Commission under section 10 of the Act, and the decision
of the Appeals Tribunal on appeal against such determination shall be maintained
by the Tribunal.

(2) Where the Appeals Tribunal determines that an allegation against

a teacher has not been proved, the decision of the Tribunal shall include a
statement that the teacher is not guilty of such conduct in respect of the matters
to which the allegation relates.
Rev. 2009] Teachers Service Commission CAP. 212 31
[Subsidiary]
Classes of persons exempted from all the provisions of the Act under
section 22

Teachers who are members of the public service, including overseas L.N. 91/1967.
teachers under contract to the Government.
Teachers under contract to a foreign government and seconded for service
in Kenya.
Teachers on “mission” terms of employment.
Teachers employed on Overseas Appointments Board terms.
Overseas teachers employed by local authorities on overseas terms.

DELEGATION OF POWERS

IN EXERCISE of the powers conferred by section 4 (1) the Teachers

Service Commission Act, the Teachers Service Commission, with the consent
of the Minister for Education, delegates to the person or body specified in the
second column of the Schedule here to the exercise of powers being powers
conferred upon or vested on the Teachers Service Commission by the provisions
of section 4 (1) (a) of the Act.

SCHEDULE
                                   

Nature of Power               Person or Body

Assignment of transfer of teachers to The Provincial Education
Primary Schools Officer, the Municipal
Education officer or the
District Officer as the case
may be.

Assignment or transfer of teachers to The Provincial Education

Teachers Train­ing Colleges, Secondary Officer.
Schools, Technical Schools and Special
Schools, in case of an emergency.

Interdiction of teachers in Primary The Provincial Education

Schools. Officer, the Municipal
Education officer or the
District Officer as the case
may be.

Interdiction of teachers in Teachers The Provincial Education

Training Colleges, Techni­cal Schools Officer or the Board of
Secondary Schools, and Special Governor.
Schools.

              
32 CAP. 212 Teachers Service Commission [Rev. 2009
[Subsidiary]

L.N. 188/1993. TEACHERS SERVICE REMUNERATION COMMITTEE

RECOMMENDATIONS

Order in terms of section 14 (3)

The remuneration of non-graduate teachers in the teacher service be as

follows commencing 1st January, 1993.

Present Salary New Salary

K£ (p.a.) K£ (p.a.)
P4 852—1,335 972—1,530
P3 1,092—1,773 1,227—2,034

P2 1,335—2,076 1,485—2,418

P1 1,716—2,871 1,914—3,342

S1 2,142—3,639 2,418—4,203

L.N. 374/1994, TEACHERS SERVICE COMMISSION (REMUNERATION OF

L.N. 364/1995. TEACHERS) ORDER, 1994

1.   This Order may be cited as the Teachers Service Commission

(Remuneration of Teachers) Order, 1994.

2.   The remuneration of teachers service of the grades specified in the first

column of the Schedule shall be in accordance with the salary scales specified
in columns II, III or IV respectively of the Schedule.

L.N. 230/1978. 3.   The Teachers Service Commission (Remunerations of Teachers)

Order 1978, is revoked.
Rev. 2009] Teachers Service Commission CAP. 212 33
[Subsidiary]

SCHEDULE

Column I Column II Column III Column IV

New Salary
Present With Effect With Effect from
Grade
Salary from 1-7-94
1-7-94
K£ K£ K£
P4. .. .. .. .. 1,017—1,575 1,206—1,777 —
P3 .. .. .. .. 1,272—1,279 1,416—2,361 —
P2 1,530—2,463 1,722—2,799 —
P1.. .. .. .. 1,959—3,387 2,217—4,227 —

S1 .. .. .. .. 2,463—4,248 2,799—5,322 —
w.e.f. 1–7–93
Untrained Teachers with/without
K.C.P.E. .. .. .. .. 807—1,227 879—1,335 1,128—1,416

Untrained Teachers, K.J.S.E./Div.

4/ K.C.S.E. and below .. .. .. . 1,152—1,686 1,254—1,956 1,332—2,073
Untrained Teachers/K.A.C.E./
K.C.E. Div. I–III or K.C.S.E.
C+ and above .. .. .. .. 1,440—2,034 1,572—2,364 1,668—2,505
Untrained Technical Teacher .. .. 2,166—3,816 2,364—4,161 2,505—4,827
Untrained Graduate Teacher .. .. 2,712—3,816 2,961—4,443 3,435—5,157
Graduate Approved Teacher III
and Technical Teacher .. .. .. 3,234—4,644 3,528—5,220 4,092—6,066
Graduate Approved Teacher II
and Assistant Lecturer .. .. .. 3,816—5,286 4,161—6,147 4,827—7,140
Graduate Approved Teacher I and
Lecturer .. .. 4,497—6,012 4,902—6,996 5,694—8,127
Senior Graduate Approved
Teacher and Senior Lecturer .. 5,460—7,296 5,955—8,466 6,918—9,837
Principal Graduate Approved
Teacher II and Principal
Lecturer.. 6,012—7,998 6,558—9,300 7,872—10,803
Principal Graduate Approved
Teacher I .. .. .. 7,062—8,526 7,692—9,876 8,937—11,469
Senior Principal Graduate Approved
Teacher .... ... .. — 8,937—11,469 10,137—12,540
34 CAP. 212 Teachers Service Commission [Rev. 2009
[Subsidiary]
L.N. 364/1995. TEACHERS SERVICE COMMISSION (REMUNERATION OF
TEACHERS) ORDER, 1995

1. This Order maybe cited as the Teachers Service Commission

(Remuneration of Teachers) Order, 1995.

2. The remuneration of teachers house and out-patient medical allowances

shall be in accordance with the salary scales specified in Schedules I, II, and
III herein.

3. The Teachers Service Commission (Remuneration of Teachers) Order,

1994, in respect of medical allowances is revoked.

SCHEDULE I
Teachers Living in Privately Rented Accommodation w.e.f. 1st July, 1995

Teachers on KSh. per month

K£ 11,469 p.a. and above 5,220.00
K£ 10,137 to 11,136 p.a. 4,740.00
K£ 7,872 to 9,837 p.a. 3,612.00
K£ 5,694 to 7,617 p.a. 3,018.00
K£ 4,827 to 5,508 p.a. 2,442.00
K£ 3,564 to 4,662 p.a. 2,058.00
K£ 2,577 to 3,435 p.a. 1,482.00
K£ 1,668 to 2,505 p.a. 1,110.00
K£ 1,206 to 1, 614 p.a. 840.00
K£ 1,167 p.a. and below 384.00

SCHEDULE II
Teachers Living in Their Own Houses w.e.f. 1st July, 1995

Teachers on Capital Cost Maximum Owner Occupier

Ceilings House Allowance
K£ KSh. per month
K£ 11,469 p.a. and above 34,400 10,320.00
K£ 10,137 to 11,136 p.a. 28,600 8,580.00
K£ 7,872 to 9,837 p.a. 23,940 7,185.00
K£ 5,694 to 7,617 p.a. 18,900 5,670.00
K£ 4,227 to 5,508 p.a. 14,750 4,425.00
K£ 2,577 to 4,092 p.a. 10,250 3,075.00
K£ 1,668 to 2,505 p.a. 7,000 2,100.00
K£ 1,206 to 1, 614 p.a. 5,200 1,560.00
K£ 1,167 p.a. and below 2,800 840.00
Rev. 2009] Teachers Service Commission CAP. 212 35
[Subsidiary]
SCHEDULE III

Out-Patient Medical Allowance for Teachers w.e.f. 1st July, 1995

Teachers on KSh. per month

K£ 2,073 p.a. and below 375.00
K£ 2,145 to 3,021 p.a. 495.00
K£ 3,435 to 4,662 p.a. 750.00
K£ 4,827 to 6,066 p.a. 990.00
K£ 6,252 to 7,140 p.a. 1,245.00
K£ 7,362 to 9,837 p.a. 1,500.00
K£ 10,137 to 11,467 p.a. 1,740.00
K£ 11,802 to 12,540 p.a. 1,995.00
K£ 12,909 p.a. and above 2,490.00

TEACHERS SERVICE COMMISSION (REMUNERATION OF L.N. 180/1997,

TEACHERS) ORDER, 1997 L.N. 534/1997,
L.N. 162/2002,
1. This Order may be cited as the Teachers Service Commission L.N. 16/2003,
(Remuneration of Teachers) Order, 1997. L.N. 142/2003.

2. The remuneration of teachers in the teaching service, of the grades

specified in column 1 of the First Schedule, shall be in accordance with the
salary scales specified in columns 2, 3, 4, 5, 6, 7 and 8 with effect from dates
specified under each column.

3. The automatic house allowance payable to teachers in the teaching

service shall be as per the Directorate of Personnel Management Circular Ref.
No. OP. 18/ 1A/ VIII/ 141 of 18th June, 2001.

4. Medical allowance payable to teachers in the teaching service shall be

at the rates specified in columns 2, 3 and 4 of the Third Schedule, with effect
from the dates specified under each column.

5. The responsibility allowance payable to teachers in the teaching

service, during the financial years specified in the first column of the following
table, shall be at the percentage of the rates prescribed in the code of Regulations
for Teachers (Revised 1986) respectively specified in the second column.

Financial Year Percentage Rate

2003/2004 Current Rate
2004/2005 Current Rate
2005/2006 125%
2006/2007 250%
2007/2008 375%
2008/2009 500%
36 CAP. 212 Teachers Service Commission [Rev. 2009
[Subsidiary]

6. Special allowance payable to teachers in the teaching service who

are deployed to teach in special schools/institutions and teachers who possess
diplomas or certificates in special education deployed to teach in special units
shall be at the rate of 10 per cent of the minimum basic salary with effect from
1st July, 1997.

7. Hardships allowance payable to teachers in the teaching service shall

be at the rate of 30 percent of the minimum basic salary specified in the second
column of the first schedule with effect from 1st July, 1997. All the teachers
serving in the districts/areas gazetted as hardship areas and those teachers
in the areas listed below will qualify for this allowance irrespective of their
marital status—

(a) Mfangano and Rusinga Islands in Suba District.

(b) Nyamutiro Division, Kuria District.

(c) Osiyeko Division, Busia District.

(d) Musiro Division, Busia District.

(e) Kajiado District.

(f) Lower Solai, Koibatek District.

(g) Laikipia District.

(h) Kitui District.

(i) Nganza Division, Kilifi District.

(j) Kerio Valley Division, Keiyo District.

(k) Marakwet District.

(l) Kinango and Samburu Divisions, Kwale District.

(m) Trans Mara District.

(n) Mwingi District.

(o) Tharaka Division, Tharaka/Nithi District.

(p) Mbeere District.

(q) Kina Division, Nyambene District.

(r) Magarini, Mafara and Kakoneni Divisions, Malindi District.

(s) Masinga and Yatta Divisions, Machakos District.

Rev. 2009] Teachers Service Commission CAP. 212 37
[Subsidiary]

(t) Kieni division, Nyeri District.

(u) Ndeiya Division, Kiambu District.

(v) Makuyu Division, Maragua District.

(w) Muhoroni, Fortenani Soini and Sondu, Kericho District.

(x) Muhoroni Valley and Sondu Divisions, Kisumu District.

(y) Kakuzi Division in Thika District.

8. The automatic commuter allowance payable to teachers in the teaching

service shall be at the rates specified in columns 2, 3, 4, 5, 6 and 7 of the Fourth
Schedule, with effect from the dates specified under each column.

9. Accommodation allowance payable to teachers in the teaching service

shall be in accordance with the rates specified in the Second Schedule, with
effect from 1st July, 1998.

10. (1) The transfer allowance payable to teachers in teaching service

shall be equivalent to one month’s gross basic salary, with effect from 1st July,
2003.

(2) For the purposes of payment of transfer allowance, the working station
of a teacher shall be taken to be the teacher’s home district.

(3)  Transfer allowance shall only be payable to teachers transferred from

one station (district) to another station (district) on the initiative of the employer
(the Teachers’ Service Commission).

11. Advances for purchase of motor vehicles for teachers in the teaching
service with effect from 1st July, 1998, will be in accordance with governing
regulations on such advances issued by the Treasury from time to time.
 38
FIRST SCHEDULE (Salary Scales) L.N. 16/2003,
L.N. 142/2003.

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8

[Subsidiary]
New Salary New Salary New Salary New Salary New Salary New Salary
Teachers Grades
Present Salary w.e.f. 1-7-2003 w.e.f. 1-7-2004 w.e.f. 1-7-2005 w.e.f. 1-7-2006 w.e.f. 1-7-2007 w.e.f. 1-7-2008
KSh. p.m. KSh. p.m. KSh. p.m. KSh. p.m. KSh. p.m. KSh. p.m.
Min. Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Max.
CAP. 212

1 U.T. teacher with/without K.C.P.E. 2,730 3,420 4,180 4,580 5,248 5,648 6,316 6,716 7,384 7,784 8,452 8,852 9,520 9,920

2 U.T. with K.J.S.E/K.C.E DIV. IV/

K.C.S.E. “D” plain and below 3,220 5,015 4,580 5,720 5,648 6,788 6,716 7,856 7,784 8,924 8,852 9,992 9,920 11,060
3 U.T. with K.C.E Division I-III/
K.A.C.E./K.C.S.E. C+ and above 4,030 5,655 4,880 6,520 5,796 7,436 6,712 8,352 7,628 9,268 8,544 10,184 9,460 11,100

4 P4 Teacher 2,920 4,290 4,280 5,170 5,360 6,250 6,440 7,330 7,520 8,410 8,600 9,490 9,680 10,570

5 P3 Teacher 3,420 5,495 4,580 6,320 5,660 7,400 6,740 8,480 7,820 9,460 8,900 10,640 9,980 11,720

6 P2 Teacher 4,160 6,285 5,000 7,160 6,037 8,197 7,074 9,234 8,111 10,271 9,148 11,308 10,185 12,345

7 P1 Teacher 5,175 9,140 5,920 10,170 6,995 11,245 8,070 12,320 9,145 13,395 10,220 14,470 11,295 15,545
Teachers Service Commission

8 ATS. IV/Untrained Technical Teacher/

Trained Certificate Technical Teacher 6,285 11,390 7,160 12,270 8,222 13,332 9,284 14,394 10,346 15,456 11,408 16,518 12,470 17,580

9 Graduate Teacher/Trained Certificate

Technical Teacher II/Trained Diploma
Technical Teacher III/Diploma
Technical Teacher III/Diploma
[Rev. 2009

Teacher (SI Diploma) ATS. III 8,885 12,870 9,870 14,070 10,004 15,404 11,338 16,738 12,672 18,072 14,006 19,406 15,340 20,740
 First Schedule—(Contd.)

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8

Rev. 2009]

New Salary New Salary New Salary New Salary New Salary New Salary w.e.f.
Teachers Grades w.e.f. 1-7-2003 w.e.f. 1-7-2004 w.e.f. 1-7-2005 w.e.f. 1-7-2006 w.e.f. 1-7-2007 1-7-2008 KSh.
Present Salary KSh. p.m. KSh. p.m. KSh. p.m. KSh. p.m. KSh. p.m. p.m.

Min. Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Max.
10 Trained Certificate Technical Teacher
I/Trained Diploma Technical Teacher
II/ A.T.S. II/Trained Graduate Teacher
II/Assistant Lecturer 10,280 14,990 11,370 17,670 12,732 19,032 14,094 20,394 15,456 21,756 16,818 23,118 18,180 24,480
11 Trained Diploma Technical Teacher
I/A.T.S I./Trained Graduate Teacher
I/Lecturer 12,130 17,040 13,170 20,270 14,615 21,715 16,060 23,160 17,505 24,605 18,950 26,050 20,395 27,495
12 Senior Graduate/Approved Teacher/
Teachers Service Commission

Senior Lecturer/Principal III

14,530 20,600 15,870 24,230 17,745 26,105 19,620 27,980 21,495 29,855 23,370 31,730 25,245 33,605
13 Principal Gradate/Approved Teacher
II/Principal Lecturer/Principal II 16,510 22,475 17,670 26,410 19,438 28,178 21,206 29,946 22,974 31,714 24,742 33,482 26,510 35,250
14 Principal Graduate/Approved Teacher
I/Senior Principal Lecturer/Principal I 18,725 23,925 20,270 28,070 22,399 30,199 24,528 32,328 26,657 34,457 28,786 36,586 30,915 38,715
CAP. 212

15 Senior Principal Teacher 21,225 26,100 22,910 30,560 25,150 32,800 27,390 35,040 29,630 37,280 31,870 39,520 34,110 41,760

16 Chief Principal Teacher 23,925 29,400 25,680 33,880 27,902 36,102 30,124 38,324 32,346 40,546 34,568 42,768 36,790 44,990
39
[Subsidiary]
40 CAP. 212 Teachers Service Commission [Rev. 2009
[Subsidiary]
SECOND SCHEDULE

Accommodation Allowance

Teachers on the under-mentioned salaries per Maximum per night

annum
Present New
Ksh. Ksh.
K£ 22,968 p.a. and above .. .. .. .. — 2,000
K£ 18,276 and above but under 22,968 .. .. .. 400 1,600
K£ 12,540 and above but under 18,276 .. .. .. 300 1,200
K£ 9,237 and above but under 12,540 .. .. . 200 800
K£ 4,992 and above but under 9,237 .. .. . 175 700
K£ 4,827 and below .. .. 150 600

This Order revokes Legal Notice No. 180 of 1997.

L.N. 16/2003, THIRD SCHEDULE (Medical Allowance)

L.N. 142/2003.
Column 2 Column 3 Column 4
Teachers Grades Present Medical New Medical New Medical
Allowance Allowance Year Allowance Year
KSh. 2003/04 2004/05
KSh. KSh.
645
1 U.T. teacher with/without K.C.P.E. 439 609

2 U.T. with K.J.S.E./K.C.E./DIV. IV/

K.C.S.E. “D” plain and below 513 595 631
3 U.T. with K.C.E. Division I-III/
K.S.C. E. C-/U.T. with K.A.C.E./
K.C.S.E. C+ and above 624 724 766

4 P4 Teacher 513 595 631

5 P3 Teacher 513 595 631

6 P2 Teacher 624 724 760

7 P1 Teacher 776 900 958

8 ATS. IV/Untrained Technical
Teacher/Trained Certificate
Technical Teacher 942 1,092 1,187
Rev. 2009] Teachers Service Commission CAP. 212 41
[Subsidiary]

Third Schedule—�(Contd.)

Column 2 Column 3 Column 4

Teachers Grades Present Medical New Medical New Medical
Allowance Allowance Year Allowance Year
KSh. 2003/04 2004/05
KSh. KSh.
9 G r a d u a t e Te a c h e r / T r a i n e d
Certificate Technical Teacher
II/Trained Diploma Technical
Teacher III/Diploma Technical
Teacher III/Diploma Teacher (SI
Diploma) ATS. III 1,328 1,540 1,632
10 Trained Certificate Technical
Teacher I/Trained Diploma
Technical Teacher II/A.T.S. II/
Trained Graduate Teacher II/
Assistant Lecturer 1,542 1,790 1,897
11 Trained Diploma Technical Teacher
I/A.T.S. In Trained Graduate 2,248
Teacher I Lecturer 1,819 2,119
12 Senior Graduate/Approved Teacher/
Senior Lecturer/Principal III 2,179 2,528 2,280
13 Principal Graduate/Approved
Teacher II/Principal Lecturer/
Principal II 2,476 2,872 3,044
14 Principal Graduate/Approved
Teacher/ Senior Principal Lecturer/
Principal I 2,808 3,258 3,453
15 Senior Principal Teacher
3,183 3,693 3,913
16 Chief Principal Teacher
3,588 4,162 4,412

 42
FOURTH SCHEDULE (Commuter Allowance) L.N. 16/2003,
L.N. 142/2003.

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 [Subsidiary]

New Commuter New Commuter New Commuter New Commuter New Commuter New Commuter
Teachers Grades Allowance Allowance Allowance Allowance Allowance Allowance
w.e.f. 1-7-2003 w.e.f. 1-7-2004 w.e.f. 1-7-2005- w.e.f. 1-7-2006 w.e.f. 1-7-2007 w.e.f. 1-7-2008-
KSh. p.m. KSh. p.m. KSh. p.m. KSh. p.m. KSh. p.m. KSh. p.m.
CAP. 212

1 U.T. teacher with/without K.C.P.E. 76 169 262 355 448 541

2 U.T. with K.J.S.E./K.C.E./DIV IV/K.C.S.E “D” 90
plain and below 200 310 420 530 640

3 U.T. with K.C.E. Division I-III/K.C.S.E. C-/U.T.

with K.A.C.E./K.C.S.E. C+ and above 112 250 388 526 664 802

4 P4 Teacher 80 178 276 374 472 570

5 P3 Teacher 94 209 324 439 554 669

6 P2 Teacher 112 250 388 526 664 802

7 P1 Teacher 141 313 485 657 829 1,001
Teachers Service Commission

8 ATS. IV/Untrained Technical Teacher/Trained

Certificate Technical Teacher 166 369 572 775 978 1,181

9 Graduate Teacher/Trained Certificate Technical

Teacher II/Trained Diploma Technical Teacher
III/Diploma Technical Teacher III/Diploma 232 514 796 1,078 1,360 1,642
Teacher (SI Diploma) ATS. III
[Rev. 2009
 Fourth Schedule—(Contd.)

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7

Rev. 2009]

New Commuter New Commuter New Commuter New Commuter New Commuter New Commuter
Teachers Grades Allowance Allowance Allowance Allowance Allowance Allowance
w.e.f. 1-7-2003 w.e.f. 1-7-2004 w.e.f. 1-7-2005- w.e.f. 1-7-2006 w.e.f. 1-7-2007 w.e.f. 1-7-2008-
KSh. p.m. KSh. p.m. KSh. p.m. KSh. p.m. KSh. p.m. KSh. p.m.

10 Trained Certificate Technical Teacher I/

Trained Diploma Technical Teacher II/A.T.S.
269 597 925 1,253 1,581 1,909
II/Trained Graduate Teacher II/Assistant
Lecturer
11 Trained Diploma Technical Teacher I/A.T.S. In
Trained Graduate Teacher I Lecturer 318 706 1,094 1,482 1,870 2,258

12 Senior Graduate/Approved Teacher/Senior

Teachers Service Commission

Lecturer/Principal III 378 840 1,302 1,764 2,226 2,688

13 Principal Graduate/Approved Teacher II/ 3,042

Principal Lecturer/Principal II 427 950 1,473 1,996 2,519

14 Principal Graduate/Approved Teacher/Senior

485 1,078 1,671 2,264 2,857 3,450
Principal Lecturer/Principal I
CAP. 212

15 Senior Principal Teacher 550 1,222 1,894 2,566 3,238 3,910

16 Chief Principal Teacher

620 1,378 2,136 2,894 3,652 4,410
43
[Subsidiary]