TSC ordered to pay teachers acting allowances after court declares prolonged appointments illegal

The Teachers Service Commission (TSC) has suffered a major legal setback after the Employment and Labour Relations Court ordered it to compensate teachers who have been performing higher administrative duties without corresponding pay.

In a landmark decision, the court ruled that teachers appointed to act as headteachers, deputy headteachers and other institutional administrators must receive allowances reflecting the responsibilities they undertake.

Justice Jemimah Keli declared that retaining teachers in acting positions beyond six months was unlawful. She directed the commission to pay acting allowances from the dates the affected teachers assumed the higher responsibilities.

The judgment followed a petition by 22 teachers who accused TSC of exploiting their services by assigning them senior administrative responsibilities for years without confirming their appointments, promoting them to appropriate job grades or paying the corresponding allowances.

Some of the petitioners said they had served in acting positions since 2012, 2016, 2017, 2019 and 2021, taking charge of school operations, supervising teachers, managing discipline and overseeing examinations while remaining in lower job grades.

The teachers argued that the arrangement denied them fair remuneration, career progression and benefits enjoyed by substantive office holders. In rejecting the commission's position, the court described the practice as unequal pay for equal work and an unfair labour practice.

TSC opposed the petition, maintaining that promotions are guided by qualifications, merit, available vacancies and financial resources. The commission also argued that acting appointments were necessary to address staffing gaps and ensure continuity in school administration.

It cited existing affirmative-action measures and provisions under the 2021-2025 Collective Bargaining Agreement (CBA) aimed at improving the career progression of teachers serving in hardship areas. The court, however, rejected the justification for withholding acting allowances.

The ruling also brings renewed attention to teachers serving in Arid and Semi-Arid Lands (ASAL) and other hard-to-staff regions. The court recognised educators working in these areas as a marginalised group deserving affirmative action and directed TSC to make budgetary provisions for allowances aimed at addressing the inequalities they face.

Teachers in remote regions have often cited insecurity, poor infrastructure, harsh weather conditions and limited professional development opportunities as some of the challenges affecting their career advancement.

The ruling comes at a difficult financial moment for the commission, which disclosed a Sh2.2 billion shortfall in funding for acting allowances in the 2026/27 financial year. TSC had previously warned Parliament that the amount required to compensate teachers in acting administrative positions had not been factored into its proposed budget.

Although the court ordered compensation for the affected teachers, it did not direct TSC to automatically promote them or award general damages.

The decision is expected to intensify pressure on the commission to review its handling of acting appointments and ensure teachers receive fair compensation for the responsibilities they undertake.