The teachers service commission is a very strict commission when it comes to professional misconduct. The tsc has provided guidelines on the code of conduct of teachers that needs to govern the behaviour of teachers. Violation of these codes can lead to Interdiction.
If a teacher is found to have violated the set guidelines, then the Board of Management will investigate into the matter and if the teacher is found guilty, then he/she will be interdicted. But always after Interdiction, the teacher has the right to appeal and defend him/herself on the charges meted on him/her.
If the principal is found to have violated the law, they will be interdicted by the county Director while the primary school headteachers and high school teachers are interdicted by the Deputy County Director. This happens mostly in institutions where the BoM is not active. Sub county Directors will interdict primary school teachers while the CEO of the commission can interdict it staff.
Once a teacher has been proven guilty as charged, the teacher will be deregistered and ejected out of the payroll. Then this means that’s the end of teaching as the teacher will not be allowed to teach in any kenyan institution.
If the teacher is found not guilty, then the interdiction will be revoked and the teacher warned or suspended for a period not exceeding six months.
In order to avoid Interdiction, the teacher should read the TSC code of regulations and understand all the clauses so that he/she should not fall prey of Interdiction. The following are the cause of Interdiction and the evidence required;
1. Immoral Behaviours
The immoral Behaviours that are interdictible may include;S
– Exposure to pornographic material/literature
2. Professional Misconduct
I) Negligence of Duty
-Failure to attend scheduled lessons
-failure to adhere to preparation of professional documents e.g schemes of work.
– Allowing students to cheat in exams
– Not performing the duties assigned to you by the principal
– Failure to attend class meetings, assemblies and school assemblies
– Failure to take students for official duties like sports.
II) Chronic Absenteeism
– Being absent from Duty with permission repeatedly
– Arriving late in school
III) Desertion of Duty
If a teacher fails to report back to school for 14 continuous days without permission including public holidays and weekends. This may include;
– Failure to come back after the expiry of the study leave
– Going for a study leave before it’s approved
– Failure to report to the station immediately after release of the employment letter.
This involves failure to respect official instructions from your seniors.
V) Infamous conduct in any professional respect
This may include drunkenness, fighting in public and conduct behaviour that may curtail chapter six of the code of conduct.
VI) Forgery or Impersonation or Collusion or Fraud and Corrupt deals or Bribery.
This may involve payment of salaries to persons not on duty and this may include;
- Desertions of deceased people
- Covering teachers and not reporting their offences.
- Forgery of school stamps and signatures.
- Using Dubious means to obtain teacher registration.
- Handing in of inconsistent staff returns
- Handing in of fake certificates.
VIII) Embezzlement of Public Funds
This involves mismanaging school funds that may lead to lose of school property and lack of some facilities.
This also involves using school funds for the purposes that they are not intended for.
It also covers converting school property and using them for personal gain.
Also failing to account for public funds in accordance to the law.
IX) Conviction of Criminal offence.
A teacher will only be convicted if found culpable of the offence as charged. This may involve conviction of a sexual offence against a learner.
Therefore teachers, ensure that whenever you are teaching avoid the above conducts to avoid being interdicted from the profession.