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Teacher Interdiction: Reasons for interdictions, TSC offenses, and Evidence Required for Interdiction

By Dominic Gekonge on
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Teachers in both primary and secondary schools should be aware of the guidelines TSC has provided in codes. TSC gives the guidelines to ensure Kenyan teachers stay disciplined in their duty delivery.

TSC handles teacher discipline cases in a fair and accurate way just like in other places.

For example if a teacher is guilty of professional conduct, the school’s Board of Management (BoM) can interdict the teacher during the investigation process.

TSC only allows County Directors to interdict secondary school principals, Deputy County Directors interdict primary school head teachers and secondary school teachers in schools where BoM is not active.

Sub-County directors can interdict primary school teachers while TSC Chief Executive Officer can interdict staff in cases when the head office institutes investigations, as per the guidelines that TSC has provided.

Why a teacher can be  interdicted of a teacher by the commission;

  1. Neglect of duty.
  2. Absenteeism.
  3. Desertion of duty.
  4. Immoral behaviour.
  5. Insubordination.
  6. Mismanagement of public funds.
  7. Conviction of criminal offence.

Any time a teacher is found guilty, he or she is  due to be deregistered immediately. This means that he or she shall not participate in any activities of the teaching profession in any Kenyan institution.

However, if the teacher if found innocent after investigation, interdiction is revoked. The teacher may be warned in writing, surcharged or suspended for a period not exceeding six months.

Teachers Service Commission (TSC) is an independent body that can employ deploy, discipline, promote and dismiss teachers in Kenya. If any teacher is found with any of the offences stated above he or she will be immediately be deployed and banned from teaching in any Kenyan institution.

The list of TSC offenses along with evidence needed for interdiction

  • Sexual harassment/flirtation/indecent Act
  • Lesbianism
  • Love relationship
  • Immoral behavior
  • Sexual intercourse
  • Sodomy
  • Exposure to pornographic
    materials

Evidence:

  • Investigation reports by heads of institutions, county Directors, or Sub-county Directors.
  • Minutes of BOM following interview of pupils/students, teachers and other witnesses
  • Photographs
  • Gifts
  • Agreements
  • Handwritten statement from victims/witnessed
  • Exhibits
  • Love letters
  • Court proceedings
  • County discipline panel minutes.

Professional Misconduct

NEGLIGENCE OF DUTY

  • Grading fake marks.
  • Failure to perform T.O.D. duties.
  • Failure to attend school assemblies and official
    meetings.
  • Failure to take students for official duty/functions.
  • This is willful neglect to perform any work or careless or improper performance of any work assigned to the teacher.
  • Failure to teach scheduled lessons
  • Failure to prepare professional documents e. g. schemes of work.
  • Allowing examination cheating.

         Evidence for the negligence of duty:

  • Staff meeting minutes.
  • Police reports
  • Written reports by agents/County
  • Directors/Supervisors.
  • Statements from witnesses.
  • Minutes where teacher and witnesses were interviewed.
  • Investigation reports.

CHRONIC ABSENTEEISM

This involeves persistent/repeated absence from duty without permission and lateness for duty

Evidence required for chronic absenteeism:

  • Letters from authorities reporting the teacher’s absence.
  • Monthly staff returns.
  • Warning/show cause letters for absenteeism.
  • Casualty returns
  • Daily attendance registers/clock in the register.

DESERTION OF DUTY:

Absence from duty for 14 continuous days (without written permission) including weekends and public holidays. These may include the following.

  • Proceed on study leave without approval.
  • Failure to report to new station immediately after release.
  • Failure to report for posting after expiry of study leave.

Evidence required for Desertion of duty:

  • Letter granting study leave stating when to resume duty.
  • Monthly staff returns.
  • Casualty returns.
  • Letters from relevant authorities reporting the teacher’s desertion/release or reporting for duty.

INSUBORDINATION:

Failure to obey official/instructions from supervisors e.g. Commission Secretary, Heads of Institution, County Directors, and Sub-County Directors. e.g.:

  • Failure to respond to letters from supervisors.
  • Failure to take up posting after disciplinaryprocess/transfer/deployment.
  • Proceeding on transfer without formal release.
  • Failure to forward correspondence by teachers to and from the Commission.
  • Failure to handover/takeover an institution upon transfer.
  • Failure to submit books of accounts.

Evidence required for insubordination:

  1. Minutes of disciplinary panel.
  2. Investigation reports.
  3. Staff meeting minutes.
  4. Police reports.
  5. Medical reports.
  6. Written reports by agents/County Directors/Supervisors.
  7. Letters giving directives/instructions and evidence of failure to adhere.
  8. Statement from witnesses.
  9. Minutes of the full BOM, minutes where the teacher and witnesses were
    interviewed.

INFAMOUS CONDUCT IN ANY PROFESSIONAL RESPECT::

This involves drunkenness or any form of intoxication during working hours, Fighting in public or any violent behavior that may bring the profession to disrepute OR Conduct or behavior which contravenes chapter Six (6) of the Constitution.

Evidence required for infamous conduct in any professional respect:

  • Minutes of the full BOM minutes where the teacher and witnesses were interviewed.
  • Investigation reports.
  • Police reports.
  • Medical reports.
  • Written reports by agents.
  • Show cause letters.
  • Statement from witnesses.

FORGERY/IMPERSONATION /COLLUSION/FRAUD AND CORRUPT DEALS/BRIBERY, CAUSING PAYMENT OF SALARY TO TEACHERS NOT ON DUTY

This involves the following:

  • Desertions, deceased persons.
  • Failure to report offences by teachers.
  • Forged signatures/stamps.
  • Obtaining registration through fraudulent means.
  • Submission of incorrect staff returns.
  • Submission of forged certificates.
  • Misrepresentation/falsifying information.
  • Some exam malpractices/irregularities.

Evidence Required For Forgery/Impersonation /Collusion/Fraud and Corrupt Deals/Bribery, Causing Payment of Salary to Teachers Not On Duty

  • Confirmation of certificates by the issuing bodies e.g. KNEC, universities.
  • Investigation reports.
  • Statements by those impersonated/witness/experts in the related fields
  • Sample signatures/rubber stamps.
  • Copies of forged documents/certificates.

MISMANAGEMENT/MISAPPROPRIATION/EMBEZZLEMENT OF PUBLIC FUNDS

It involves the following:

  • Mismanagement is handling of public funds and /or property in an inefficient, irregular or in any manner likely to cause loss to the institution
  • Misappropriation is use of public funds for unauthorized purposes by a teacher
  • Embezzlement is the fraudulent conversion of public funds and property entrusted to a teacher to personal use
  • Loss of public funds through negligence OR Failure to account for public funds as per
    the Law.

Evidence required for Mismanagement/Misappropriation/Embezzlement of Public Funds

  • Financial reports presented to BOM and minutes.
  • Final audited accounts/Annual audited reports/interim audited accounts, promissory notes.
  • Investigation reports, relevant financial and accounting documents.

CONVICTION OF CRIMINAL OFFENSE:

This entails the following.

  • A teacher is interdicted upon conviction (being found guilty of a criminal offence). Jailed/fine or non-custodial sentence.
  • Conviction of a sexual offence or any offence against a learner.
  • Conviction of a criminal offence, which in the opinion of the Commission renders the person unfit to be a teacher.

Evidence required for conviction of a criminal offense

  • Certified copies of court proceedings and judgment (CPJ).
  • Letters from authority reporting the arrest/reports.
  • Casualty return showing the date arrest/imprisonment.
  • Copy of charge sheet showing nature of offence.

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chronic absenteeismconviction of criminal offensedesertion of dutyembezzlement of public fundsEvidence required for interdictionforgeryinfamous conduct in any professional respectinsubordinationnegligence of dutyReasons for interdictionSexual harassment/flirtation/indecent actTeacher interdictionsTSC
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