TSC answers questions asked by MP on teacher promotions

A. BACKGROUND

1. The Teachers Service Commission is established under Article 237 (1) of the Constitution with the overall mandate of teacher management. Specifically, Article 237 (2) of the Constitution mandates the Commission to: –

a) Register trained teachers;
b) Recruit and employ registered teachers;
c) Assign teachers for service in any public school or institution;
d) Promote and transfer teachers;
e) Exercise disciplinary control over teachers;
f) Terminate the employment of teachers engaged in public service. 

2. The Commission is further mandated Under Article 237 (3) of the Constitution to: –

a) Review the standards of education and training of persons entering the teaching service;
b) Review the national demand for, and the supply of teachers; and
c) Advise the National Government on matters relating to the teaching profession.

3. On the other hand, section 11 of the Teachers Service Commission Act requires the Commission to: –

a) Formulate policies to achieve its mandate;
b) Provide strategic leadership and direction;
c) Prescribe teaching standards and ensure compliance;
d) Manage the Teachers payroll;
e) Facilitate career progression & professional development;
f) Monitor the Conduct and Performance of teachers; and do all such other things as may be necessary for the effective discharge of its functions and the exercise of its powers.

QUESTION 1

Could the Commission provide the current recruitment status of Principals and Deputy Principals in arid and semi-arid areas who have served for over ten years without formal deployment letters?

Pursuant to the provisions of Article 237 (2) (d) of the Constitution, the Commission has the mandate to promote and deploy teachers under its employment to serve as Principals and Deputy Principals. To this end the Commission has endeavored to apply the principle of fair competition and merit as the basis of appointment and promotion.

Further, promotion of teachers in public service is premised on Regulation 73 of the Code of Regulations for Teachers (CORT) and the Career Progression Guidelines (CPG). The criteria used in promotion of teachers include: –

a) Availability of budget;
b) Existence of vacancies in the authorized establishment;
c) Merit and ability as reflected in the teacher’s work performance;
d) Seniority and experience;
e) Annual Performance records, and
f) Academic and Professional qualification.

On the other hand, the Career Progression Guidelines (CPG) outline the skills and competencies necessary for advancement in the profession. They provide for minimum requirements for selection, appointment, and promotion of teachers at different grades including appointment and deployment to administrative grades of Principals and Deputy Principals.

Appointment to an administrative positions requires that a teacher must be in the requisite grade and possess the relevant skills as dictated by the CPG hence when qualified teachers are identified after competitive interviews they are placed in schools where vacancies are available. 

During promotional interviews, those teachers acting as institutional administrators are given priority. In line with Article 232 of the Constitution, the Commission has afforded adequate and equal opportunities for appointment for men and women; members of all ethnic groups; and persons with disabilities –ensuring that ASAL and semi ASAL areas are well catered for. 

From 1^st July, 2017, with the signing of the CBA for teachers, all administrative positions became substantive and teachers who qualify for the positions were substantively appointed and issued with letters. Accordingly, no teacher has served for over ten years without formal letter of Appointment or Deployment act as a Principal or Deputy Principal.

Admittedly, due to the rapid registration of new schools without proportional budgetary provisions for staffing, a number of schools have no substantive Principals. To this end, the Commission has assigned several teachers to act as Principals and Deputy Principals as we source for more budgetary allocations from the National Assembly.

It is also worth noting that the in the CBA 2021-2025, the Commission negotiated and agreed with the teacher unions that teachers acting in administrative positions in ASAL and Hard to staff Sub Counties will be progressively promoted until they reach the requisite administrative grades while they are retained in the stations.  The Sub-Counties under this programme are 86 in number as per APPENDIX 1.

The current status of teachers performing the duties of administrative positions in the country is as shown in the table below:

Table 1: status of teachers performing the duties in administrative positions across the 86 Sub-Counties.

Out of the 1,388 teachers acting in positions of school Administrators a total of 913 have been promoted in the last 1 year to the next Grade.

QUESTION 2

What measures is the Commission putting in place to streamline the appointment process of school administrators in arid and semi-arid regions, ensuring transparency, fairness, and adherence to established procedures?

Pursuant to the provisions of Article 237 (2) (d) of the Constitution, the Commission has the mandate to promote and deploy teachers under its employment to serve as Principals and Deputy Principals. To this end the Commission has endeavored to apply the principle of fair competition and merit as the basis of appointment and promotion.

As explained above, promotion of teachers in public service is premised on Regulation 73 of the Code of Regulations for Teachers (CORT) and the Career Progression Guidelines (CPG). The criteria used in promotion of teachers include: –

g) Availability of budget;
h) Existence of vacancies in the authorized establishment;
i) Merit and ability as reflected in the teacher’s work performance;
j) Seniority and experience;
k) Annual Performance records, and
l) Academic and Professional qualification.

The Commission has streamlined the process of promotion, appointment and deployment through development and implementation of adequate policies. However, the Commission’s endeavors has been adversely affected by lack of budgetary allocation for promotion of Principals and Deputy Principals.

The Commission has implemented a targeted affirmative action policy that prioritizes the appointment of local teachers currently serving in administrative roles. Specifically:

a) Deputy Principals from the locality are considered for promotion to the position of Principal

b) Deputy Head Teachers are prioritized for deployment as Head Teachers

c) Senior Masters and Senior Teachers are considered for promotion to Deputy Principals and Deputy Head Teachers, respectively.

This approach ensures that teachers from the locality are grown progressively and given opportunity to step into leadership roles thereby enhancing the effectiveness of school management in ASAL regions.

QUESTION 3

Could the commission provide a timeline for when these teachers will receive their confirmation letters and have their arrears paid for the period they have served Principals and Deputy Principals since their deployment?

The Commission is not able to provide specific timelines when the Principals will be promoted to the substantive grades since the National Assembly has not appropriated budget or promotion of teachers. The same will be done when funds are made available subject to the requirements set out in the CPG.

However those Principals and Deputy Principals serving in ASAL and Hard to staff sub counties who do not meet the requirements of the CPG are being progressively promoted until they reach the requisite substantive administrative grades. 

Nevertheless, unlike in other counties where teachers must serve a minimum of three years in their current grade before being considered for promotion, teachers in ASAL regions benefit from an accelerated promotion process. They are eligible for promotion after serving for only two years in their current grade to accelerated promotion process. 

**THANK YOU***