TSC Act: Can Education CS Fire, Hire or Transfer Teachers?
The Teachers Service Commission (TSC) Act of 2012 is the governing legislation that outlines the roles, powers, and functions of the TSC in Kenya. As per the Act, the TSC is an independent constitutional commission tasked with the management and regulation of the teaching profession in Kenya, including the hiring, transfer, and dismissal of teachers.
The Education Cabinet Secretary in Kenya does not have the authority to fire or transfer teachers who are employed by the TSC, as the TSC Act grants the TSC the exclusive power and mandate to handle all matters relating to teachers in the country.
According to the TSC Act, the powers and functions of the TSC include the recruitment, appointment, deployment, and promotion of teachers; the disciplinary control and dismissal of teachers; and the determination of teachers’ terms and conditions of service, among others.
The Act clearly states that the TSC shall be solely responsible for the exercise of these powers and functions, and no other person or authority, including the Education Cabinet Secretary, shall have the authority to interfere with the TSC’s mandate.
The TSC is an independent constitutional commission that is not subject to the direction or control of any other person or authority, including the Education Cabinet Secretary. The TSC Act establishes the TSC as an autonomous body, separate from the Ministry of Education and other government entities, with its own powers and functions.
This means that the Education Cabinet Secretary cannot fire or transfer teachers employed by the TSC, as this authority solely rests with the TSC.
Furthermore, the TSC Act provides for a clear and elaborate process that must be followed before a teacher can be dismissed or transferred by the TSC. The Act stipulates that a teacher can only be dismissed or transferred for specified reasons, such as gross misconduct, incompetence, breach of code of conduct, or other valid grounds.
The TSC is required to conduct thorough investigations and afford the teacher an opportunity to be heard before making any decision on dismissal or transfer. This process ensures that teachers are protected from arbitrary dismissal or transfer, and that their rights are safeguarded in accordance with the law.
It is important to note that the Education Cabinet Secretary does play a role in the education sector in Kenya, as the Ministry of Education is responsible for the formulation and implementation of education policies, curriculum development, and overall coordination of the education sector.
However, when it comes to matters related to the employment, discipline, and dismissal of teachers, the TSC is the authoritative body as per the TSC Act.
The TSC Act also provides for the establishment of the TSC as a constitutional commission with specific functions and powers, and its composition, tenure, and independence are protected by the Constitution of Kenya. This further reinforces the autonomy and authority of the TSC in handling all matters related to teachers, including their dismissal or transfer.
It is worth mentioning that the TSC Act also provides for the resolution of disputes arising from decisions made by the TSC. If a teacher is aggrieved by a decision of the TSC, they have the right to appeal to the Teachers Service Commission Appeals Tribunal, which is an independent body established under the Act.
This ensures that teachers have access to a fair and impartial process for resolving disputes related to their employment.
In conclusion, as per the Teachers Service Commission Act of 2012 in Kenya, the Education Cabinet Secretary does not have the authority to fire or transfer teachers who are employed by the TSC.
The TSC is an independent constitutional commission with the exclusive power and mandate to manage and regulate the teaching profession in Kenya, including the recruitment, appointment, deployment, promotion, discipline, and dismissal of teachers. The TSC Act establishes the TSC as an autonomous body, separate from the Ministry of Education and other government entities, with its own powers and functions.
TSC Act: Can Education CS Fire, Hire or Transfer Teachers?
