Members of Parliament (MPs) in the education committee, chaired by Tinderet MP Julius Melly, on Thursday, May 29, 2025, proposed more allowances for teachers in the country, even as the Teachers’ Service Commission (TSC) pushed back on some of the suggestions.

While considering the proposed amendments to the TSC Act to provide greater clarity and structure on allowances for teachers and appointments in acting capacities, the MPs indicated that it was unfair for the TSC to appoint teachers to act without compensation.

The deliberations were led by Melly and included stakeholders from the TSC, the Kenya Union of Post Primary Education Teachers (KUPPET), the Attorney General’s representatives, and representatives from the National Treasury.

One of the key proposals in the bill sponsored by Mandera South MP Abdul Haro is to amend Section 11 of the TSC Act by inserting a new clause requiring the commission, “in consultation with the Salaries and Remuneration Commission (SRC), [to] facilitate payment of allowances to teachers in the manner set out in the Fourth Schedule.”

The MPs observed that the clause seeks to formalise various teacher allowances, including house allowance, commuter allowance, hardship allowance for teachers in gazetted hardship areas, and special duty allowance for teachers acting in administrative capacities or deployed to arid and semi-arid lands currently covered in the TSC’s regulations.

TSC opposes bill

However, TSC opposed the amendments, arguing that the proposed clauses are already covered under the TSC Code of Regulations (CORT).

“These allowances are already provided for under the Code of Regulations for Teachers. Including them in the act would create legal duplicity,” TSC Deputy Director of Legal Services Allan Sitima argued.

“Responsibility allowances were scrapped following the SRC’s advice. We cannot reintroduce them without breaching the constitutional mandate of the SRC,” he added.

On its part, KUPPET supported the bill but recommended enhancing it further to safeguard teachers’ rights through collective bargaining.

“We propose an amendment stating that the TSC, in consultation with the SRC and after negotiations with teachers’ unions, shall facilitate the payment of allowances,” MP Omboko Milemba, who is also the KUPPET chairman, said.

The union also pushed for clauses to ensure risk allowances for teachers exposed to unsafe environments and enhanced pay for those with postgraduate qualifications.

Members of the Education Committee considered New Section 32A on Acting Appointments, which proposes allowing TSC to appoint teachers in acting capacities for a minimum of 30 days and a maximum of six months, provided they meet the prescribed qualifications.

Acting capacity

Kitutu Masaba MP Clive Gesairo equally expressed concern about reports of several teachers serving in an acting capacity without any allowances for an extended period of time.

“There are too many teachers in acting positions without formal appointments or acting allowances. It’s unfair. We must protect them,” Narok woman representative Rebecca Tonkei urged.

On acting allowances, KUPPET argued that the amendment would protect teachers from arbitrary decisions and ensure fair compensation.

“We have teachers who have acted in senior positions for many years without allowances. This bill will provide legal protection and clarity,” Milemba said.

Public Service Commission regal representative Jacqueline Mamina, however, noted that allowances should be based on regulations, which can easily be amended as needed, as opposed to being adopted as laws.

“If you place them in the law, we would have to every time we want to add allowances or to remove would have to go through this regular process,” Mamina remarked.

Representatives from the Attorney General’s office indicated that the bill should be harmonized with the current TSC legislation and regulations to avoid overlapping provisions.

Melly requested that the National Treasury submit a detailed financial analysis to understand the budgetary implications of the proposed allowances.

“While we acknowledge TSC’s operational mandate, the committee is also keen to entrench accountability and fairness in the teaching service,” Melly said.