Lawmakers were yesterday shocked to learn that 99,000 teachers have been in acting positions for more than six months without allowances despite the money being provided for in the budget.

MPs who sit in the Education Committee, chaired by Tinderet MP Julius Melly, slammed the Teachers Service Commission (TSC) for failing to implement its own regulations.

Melly and MPs Nabii Nabwera (Lugari), Clive Gisairo (KItutu Masaba) and Christine Ombaka (Siya County Woman Representative) sought to know where TSC takes the money .

They claimed that the inefficiency of the commission is what has led to the introduction of the Teachers Service Commission (Amendment Bill) sponsored by Mandera South MP Abdul Haro that seeks to amend the TSC Act NO 20 of 2012 to provide for various allowances that the commission may pay to teachers over and above their basic pay.

Table list

The allowances include House allowances, commuter allowances, hardship allowances, special duty allowance, responsibility allowance, special school allowance, readers facilitation or aid allowances, leave allowances and transfer allowances.

To this end, the MPs demanded that TSC tables a list of all the 99 000 teachers who are on acting capacities, the amount of money some of them have been paid and what they have not been paid as well as provide details of how the money was spent.

Said Melly: “This Bill is a desperate measure that was brought because TSC had failed to carry out their duties. We know that at the end of it all we will have a problem because once we put this in law it will be a challenge to increase allowances.”

Nabwera sought to know why TSC has not been paying the allowances yet it had been budgeted for.

“Please share with us the details of the number of people in acting capacity, how much they have been paid and how much they have not been paid and why.”

Ombaka sought to know where the money goes.

Kenya Union of Post Primary Teachers (Kuppet) which had appeared to give views against Haro’s Bill alongside TSC, Attorney General, Public Service Commission (PSC) Kenya Law Reform Commission (KLRC) disclosed that 99 000 teachers had been in acting capacity and thus passage of the Bill would ensure that their plight is addressed.

Emuhaya MP and Kuppet National Chairperson Omboko Milemba and Deputy Secretary General Moses Nthurima accused TSC of misusing teachers by not paying them their dues.

But TSC, KLRC, Attorney General and PSC opposed the Bill saying most of the issues included in the bill could be addressed through regulation.

Career progression

TSC Senior Deputy Director of Legal Services Allan Sitima opposed the Bill saying various allowances such as commuter allowances, hardship allowances, special duty allowances, readers facilitation or aid allowances are all provided in the regulations and thus should not be legislated upon.

PSC Deputy Director in charge of legal Jackline Manani opposed the Bill, saying most of the issues are administrative and can be addressed through regulations.

She advised that in case officers of TSC fail to implement regulations as stipulated, then sanctions should be taken against those officers.

Attorney General Dorcas Oduor opposed the Bill, saying the issues it is seeking to address have been comprehensively provided for by the TSC Act cap 212, TSC code of regulations 2015, and teachers career progression guidelines.