- Teachers facing serious criminal charges could be suspended from duty on half basic salary under proposed changes to TSC law.
- Hillary Muhalya examines reforms seeking tougher disciplinary standards while strengthening protections for learners against exploitation and harmful conduct.
- The proposals also cover teacher registration, professional development, performance management and expanded institutional oversight by the Commission.
Teachers facing serious criminal charges could be removed from active duty and placed on half basic salary under proposed changes to the law governing Kenya’s teaching profession, as Parliament considers a far-reaching overhaul of the Teachers Service Commission’s disciplinary and professional oversight powers.
The proposed Teachers Service Commission (Amendment) Bill, 2026 seeks to strengthen the legal framework governing teachers, expand the range of conduct that can attract disciplinary action and introduce clearer statutory provisions on professional standards, registration, performance management and teacher development.
The Bill, presented to the National Assembly by Majority Leader Kimani Ichung’wah, is currently before Parliament for consideration.
Under the proposed framework, a teacher charged with a serious offence would be required to step aside from duty while the criminal matter is being determined.
During the suspension, the teacher would receive 50 per cent of the basic salary while retaining full allowances, according to provisions reported from the proposed reforms.
The financial consequence is significant, but the principle is not entirely new. The existing TSC Code of Regulations provides that a teacher charged with an economic crime or serious offence may be suspended on half basic salary while retaining specified allowances.
What the proposed legislation seeks to do is place a wider set of professional and disciplinary requirements within the statutory framework governing the Commission.
The proposed reforms would expand the categories of conduct that could expose teachers to disciplinary action.
Among the offences highlighted in the 2026 proposals are cyberbullying, exposing learners to pornography, exposing learners to drugs or other harmful substances and engaging in other gainful employment while serving under TSC.
The Bill also introduces sexual exploitation as a specific form of misconduct.
According to the Bill, sexual exploitation includes abuse involving the exchange of sexual acts for benefits such as academic grades, pocket money, school fees, learning materials, protection from punishment, drugs, gifts, food, shelter or other basic needs.
The proposal therefore places learner protection at the centre of the expanded disciplinary framework.
Teachers who engage in conduct falling within the proposed offences could face disciplinary proceedings, while some forms of serious professional misconduct could ultimately result in removal from the teaching register.
Criminal charge does not mean conviction
The distinction between being charged and being convicted remains important.
A criminal charge is an allegation that has yet to be determined by a court. The proposed suspension mechanism is therefore a disciplinary or administrative measure pending determination of the criminal case, rather than a declaration that the teacher is guilty.
Existing TSC regulations similarly provide safeguards relating to teachers facing criminal proceedings.
This makes due process a critical part of the proposed framework as Parliament considers the legislation.
Beyond criminal conduct, the proposed amendments seek to strengthen professional accountability throughout a teacher’s career.
The reforms would provide a broader framework for teacher registration, professional conduct, performance management and appraisal.
Institutional administrators, including heads of institutions and other officials with management responsibilities, would also fall within the strengthened professional framework.
The Commission would additionally be empowered to oversee capacity-building and professional development programmes for teachers.
One of the institutional proposals is the establishment of an Institute of Teacher Support and Professional Development, which would support continuous professional development and help teachers update their knowledge and competencies throughout their careers.
The proposed framework would therefore extend beyond punishment to professional development and standards.
The Bill also targets fraudulent registration and the use of forged documents.
Proposed changes would increase penalties for certain offences involving teacher registration and documentation, with some penalties rising from KSh100,000 to as much as KSh1 million, alongside possible imprisonment or both.
The objective is to tighten the integrity of the teacher-registration system and make it more difficult for unqualified or fraudulently registered individuals to enter or remain in the profession.
The proposed reforms would also give the Commission a stronger institutional presence across the country.
The legislation proposes a structure involving regional, county, sub-county and zonal offices, potentially bringing more TSC services closer to teachers and learning institutions.
The Commission would also have powers relating to the appointment and deployment of institutional administrators.
A proposed Teachers Service Review Committee would provide a mechanism through which teachers aggrieved by disciplinary decisions could seek a review.
This could become an important safeguard as the Commission’s disciplinary powers expand.
Teacher registration and professional development
The Bill further seeks to clarify categories such as a registered teacher, trained teacher and institutional administrator.
It also proposes a schedule setting out minimum qualifications for registration, including requirements affecting diploma and degree holders, special-needs education teachers and foreign-trained teachers.
Continuous professional development would form part of the wider professional framework.
This signals a shift towards treating teaching not simply as employment but as a regulated profession in which registration, ethical conduct, competence and continued professional growth are linked.
The proposed amendments come at a time when Parliament is examining several changes affecting the teaching profession.
They should also be distinguished from the Teachers Service Commission (Amendment) Bill, 2024, sponsored by Mandera South MP Abdul Haro, which Parliament debated in 2026 and which focuses substantially on allowances and acting appointments. Parliament confirms that Haro’s Bill proposes structured guidelines for acting appointments and formalisation of various teacher allowances.
The 2026 proposals therefore represent a separate legislative development, with a much stronger emphasis on discipline, professional standards, registration, learner protection and institutional oversight.
For teachers, the proposed reforms mean professional misconduct could carry increasingly significant consequences.
For learners and parents, the proposed framework places greater emphasis on protection from abuse, exploitation, harmful substances and inappropriate conduct.
For TSC, meanwhile, the legislation could significantly strengthen the statutory foundation upon which the Commission regulates Kenya’s teaching profession.
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But because the Bill is still undergoing the parliamentary process, its provisions remain proposals and may be amended before enactment. The final law will depend on parliamentary consideration and any amendments adopted during the legislative process. Parliament currently lists the Teachers Service Commission (Amendment) Bill, 2026 among Bills before the National Assembly.
By Hillary Muhalya
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