TSC changes transfer rules in deploying 14,733 delocalized teachers

By Our Reporter

The Teachers Service Commission (TSC) has approved and transferred all the 14,733 teachers who were initially delocalized, with the Commission revealing new criteria it has put in place while considering transfer of teachers.

Age of the teacher, health status, teachers with alternative abilities, transfers on promotion, proximity to home county, size and performance of school, category of schools and family consideration are now the other factors the Commission consider before effecting any transfer of teachers; apart from those listed in the Code of Regulation for Teachers (CORT) under Regulation 64.

While appearing before the National Assembly’s Education Committee on February 14, 2023 the Commission’s Secretary and Chief Executive Officer (CEO) Dr. Nancy Macharia stated that while undertaking the transfers, the Commission has made a decision to exempt all teachers who are aged 56 years and above from transfer outside their current counties.

Others exempted are those teachers who have proven cases of health or medical conditions.

“The Commission evaluates each case on its own merit taking into consideration availability and accessibility of medical facilities among other factors,” Dr. Macharia told the legislators.

Further, the Commission has also directed that all teachers living with disability and have the necessary certifications are exempted from transfers outside their home areas, with the Commission stating that the decision has reduced the hardships such teachers may have undergone in the past when posted to areas far from their home counties.

TSC has had to transfer teachers who have been promoted after a rigorous competitive process in a move it states is to staff schools with competent administrators, and further putting in place mechanisms to give consideration to the proximity to the home County.

“This has resulted in transfers being undertaken within the area of same environmental conditions, cultural orientation and geographical set up to ensure that service delivery is sustained,” said Dr. Macharia.

With signing of the Collective Bargaining Agreement (CBA) and public schools being categorized into various categories such as national, extra county and county schools with grading structure also categorizing the specific grades, qualifications and competencies for such schools; TSC notes that  transfers have taken the same  into consideration.

According to the Commission, requests for transfers or re-routing on account of joining spouse or family are often given fair consideration on individual basis, based on other criteria governing the teaching service.

“The Commission has ensured that to support family values, couples who are employees of the Commission and have declared their marital status are not separated but where possible are transferred in the same neighborhood,” she added.

TSC started implementing the delocalization of teachers in 2018 after it was provided for in the CBAs negotiated and signed between teachers’ unions and the TSC in October 2016, which were subsequently registered at the Employment and Labour Relations Court (ELRC) in November the same year.

The relevant part of the CBA provided that: “In undertaking deployment, the Commission shall endeavor to de-localize the administration of public educational institutions.”

However, the implementation of the policy was met with resistance both from teachers and their unions.

“To address the issues raised during implementation of the delocalization policy the Commission stopped implementation of the delocalization policy, has and continues to transfer teachers who apply for transfers back to their home counties. It should be noted that transfer is a continuous exercise pursuant to availability of vacancies and suitable replacements,” said Dr. Macharia.

The TSC boss further revealed that the Commission has commenced review of the CORT, 2015 to address the emerging issues in the teaching sector.

In effecting the transfers, the Commission under Regulation 64 of CORT considers the need for equitable distribution and optimal utilization of teachers, availability of vacancy in the proposed station, the need for replacement, existing staffing norms; medical grounds as certified by registered medical practitioner, or such other grounds as the Commission may consider necessary.

Summary teachers transferred