TSC Has Vowed To Report Teacher With Unexplained Wealth To EACC

Teachers with doubtful assets may soon be in trouble following a new rule that requires their employers to report them to anti-corruption agencies.

The Teachers Service Commission will also report to the Ethics and Anti-Corruption Commission, Director of Public Prosecutions and Attorney General if there is any doubt with the declaration of money made by the teacher.

The new measures are contained in the Administrative Procedures on the Processing of Declarations of Income, Assets and Liabilities, published by the TSC in the latest Kenya Gazette notice.

The rules, signed by TSC Chief Executive Nancy Macharia, provide that the commission secretary or any designated officer shall review each declaration to determine whether they meet the set conditions.

The report shall follow instances where a declaration made by an employee is false or incomplete; He has assets disproportionate to his known income; or is accompanied by concerns of unfairness with income, assets or liabilities.

Other major indications of a violation of the law are whether there would be a conflict of interest or any other violation of the TSC Code of Conduct and Ethics in the declarations made.

“The Commission or the authorized officer may take such action as it deems fit, including notifying the Ethics and Anti-Corruption Commission, the Attorney General, the Director of Public Prosecutions or any other competent authority,” the procedures read.

TSC will make recommendations to agencies to take civil or criminal action against non-compliant teachers.

If there is reason to suspect that the teacher has made an incorrect or incomplete declaration, they shall be given an opportunity to explain.

“The request for clarification to the teacher (declarant) shall be made in writing in a prescribed format,” the rules say.

The report to the Anti-Corruption Agencies will be given in cases where irregularities and discrepancies are noted even after explanation by the teacher.

“The TSC Secretary shall notify the Commission of any employee who does not comply with the provisions of the Act,” reads the rule.

They empower the TSC to direct that administrative action be taken against a teacher found to be in violation of the Public Officer Ethics Act.

“The Commission shall notify the EACC, AG, DPP, or any other competent authority of any civil or criminal action against that employee,” the rules read.

TSC is grappling with the failure of several teachers to declare funds, a situation in which the commission had withheld salaries of over 3,500 teachers and staff last year.

In previous directions, the commission has indicated that those who fail to declare their assets or provide false information will face a fine of Rs 1 million or one year in jail.

Data maintained by the commission showed that over 40,000 teachers and staff had not declared assets till December 2019, which was extended by the TSC till January 2020.

The TSC Code of Conduct demands that teachers must submit an initial declaration 30 days after employment; 30 days after leaving employment and twice final declaration.

President Uhuru Kenyatta said in Executive Order 6 of 2015 that no public servant, regardless of his station, will be spared in the fight to end corruption.

“We cannot allow the hard work and sacrifice of the Kenyan people to be underestimated by a few individuals driven only by greed. I am determined that this evil must come to an end.”

“You are reminded of the need for all public servants to serve in an honest and ethical manner in the course of their duty, an obligation they must abide by,” the President said.

He directed that ministries, state departments and agencies follow anti-corruption laws which include Article 10 of the Constitution, the Leadership and Integrity Act, the PFM Act and the Public Officers Ethics Act.

The TSC, citing the Leadership and Integrity Act, 2012, states that it will each submit two-year declarations to the EACC by July 31.

The commission’s report would be required to state the number of public officials in the payroll by October 31 of the declaration year.

It is also to be mentioned that the total number of government officials who have submitted the declaration within the stipulated time has failed by 30th June every year.

The TSC will be required to report any action taken in relation to any public official who has failed to comply with the Act, the number of declarations verified, the findings of the verification and any action taken.

The teacher’s employer will maintain a database recording the employee’s name, TSC number, cellphone number and designation; stations, as well as their sub-counties and counties

Related Articles

Leave a Reply

Back to top button