The professional conduct of teachers in Kenya is governed by a clear legal and ethical framework established by the Teachers Service Commission (TSC) under the TSC Act of 2012, the Code of Conduct and Ethics for Teachers, and other supporting regulations. These instruments are not mere bureaucratic guidelines—they serve as a moral compass and legal standard for those entrusted with educating the nation’s children.
The TSC Act explicitly provides that every registered teacher is subject to disciplinary action for misconduct, including breaches of morality and abuse of power. Section 34 of the Act empowers the Commission to investigate allegations, interdict suspected offenders, conduct disciplinary hearings, and take a range of actions—from issuing warning letters to permanently dismissing and deregistering the teacher. Where misconduct is of a criminal nature, such as sexual exploitation or abuse of learners, the TSC works in tandem with law enforcement to ensure legal prosecution. A deregistered teacher cannot be employed in any learning institution, public or private, in Kenya or abroad.
Complementing the Act, the TSC Code of Conduct and Ethics (2015) outlines the expectations for all teachers, regardless of rank or school category. At its core is the principle that teaching is a position of public trust, and every educator must uphold the highest standards of honesty, integrity, and professionalism. Teachers are not only expected to respect the law, but to act in ways that reflect positively on the teaching profession and safeguard the welfare of learners.
One of the most important provisions in the code is the duty to protect learners from harm. Teachers are required to safeguard the physical, emotional, and psychological well-being of all learners, including those with special needs. This duty is non-negotiable. It includes refraining from any form of sexual harassment, immoral behaviour, or inappropriate relationship—whether subtle or overt—with any student.
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In fact, under the TSC’s disciplinary guidelines, “immoral behaviour” is clearly defined and includes sexual intercourse, sexual harassment, or any sexual relationship between a teacher and a learner, whether consensual or not. The Commission treats such cases as grave offences that warrant immediate and permanent removal from the profession. This aligns with Kenya’s broader constitutional values under Chapter Six, which imposes leadership and integrity obligations on all public officers, including teachers.
Beyond protecting learners, the regulatory framework also compels teachers to remain impartial and fair. Favouritism, tribalism, nepotism, and misuse of office are expressly prohibited. Professional conduct extends not only to how teachers relate with learners, but also with colleagues, parents, and the broader community.
In practice, once a complaint of misconduct is reported, the TSC initiates a structured process. The teacher may be interdicted while investigations are ongoing. If evidence supports the allegations, a disciplinary panel is convened. The teacher is allowed to present their defence, but if found guilty of gross misconduct—particularly in cases involving learners—the penalty is severe and final. The names of deregistered teachers are made public to prevent them from slipping into other institutions under false pretences.
The purpose of this regulatory structure is not merely punitive—it is protective. It exists to uphold the dignity of the teaching profession, ensure public trust, and most importantly, safeguard the safety and future of every child in the classroom. Any teacher who violates this sacred duty undermines not just a learner’s right to safety, but the very purpose of education itself.
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By Hillary Muhalya
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