High school and primary school Teachers’ interdiction,reasons behind the interdictions,Tsc stated offences and evidence required for interdiction

For primary and secondary school teachers there are provided guidelines given in codes by the Teachers Service Commission. The guidelines are given to help in the discipline of the kenyan teachers.  Teacher discipline cases in Kenya are always to be conducted in a fair and accurate way like other cases.

For instance if a high school teacher  is found to be  guilty of professional misconduct the school’s Boards of Management (BoM)  is due tointerdict  such a teacher during the investigation process.

The County directors are only allowed to interdict secondary school principals, Deputy county directors will interdict primary school head teachers and secondary schools teachers in institutions where the BoM is not active.

The Sub-county directors are responsible to interdict primary school teachers while the TSC Chief Executive Officer will interdict staff in cases when investigations are instituted by the head office, according to the guidelines provided by the commission.

Reasons that can  instigate  interdiction of a teacher by the commission;

1. Immoral behaviour.

2. Neglect of duty.

3. Absenteeism.

4. Desertion of duty.

5. Insubordination.

6. Mismanagement of public funds.

7. Conviction of criminal offence.

Whenever a teacher is found to be guilty,  he is  due to be deregistered immediately, and this means he or she will not participate in activities involving teaching profession in any Kenyan institution.

If the teacher will be regarded as innocent after investigation  interdition is revoked. He or she may be warned in writing, surcharged or suspended for a period not exceeding six months.

Teachers Service Commission, TSC, being an independent body that  can employ deploy, discipline, promote and dismiss teachers in Kenya a teacher found with any of the offences stated above will be immediately be deployed and banned from teaching in any Kenyan institution.

Here the Newstamu crew is bringing to you detailed information on the amount of evidence required to have a teacher banned as per the case.

Here is a list of TSC offences and evidence required for interdiction:

• Immoral behavior
• Sexual intercourse

Sodomy

• Lesbianism
• Sexual harassment/flirtation/indecent Act
• Love relationship
• Exposure to pornographic
  materials

Evidence required ::

1. Handwritten statement from victims/witnessed
2. Exhibits
3. Love letters
4. Photographs
5. Gifts
6. Agreements
7. Court proceedings
8. Investigation reports by heads of institutions, county Directors or Sub-county Directors.
9. Minutes of BOM following interview of pupils/students, teachers and other witnesses.

County discipline panel minutes.

2. Professional Misconduct

A. Negligence of duty

• The ability to Willfully neglect to perform any work or careless or improper performance of any work assigned to the teacher.
• Failure to teach scheduled lessons .
  Failure to prepare professional documents e. g. schemes of work.
• Allowing examination cheating.
• Grading fake marks.
• Failure to perform T.O.D. duties.
• Failure to attend school assemblies and official
  meetings.
• Failure to take students for official duty/functions.

         Evidence required:

• Staff meeting minutes.
• Police reports
• Written reports by agents/County
• Directors/Supervisors.
• Statements from witnesses.
• Minutes where teacher and witnesses were interviewed.
• Investigation reports.

B.  Chronic Absenteeism:
Persistent/repeated absence from
duty without permission and
Lateness for duty

Evidence required:

• Casualty returns
• Letters from authorities reporting the teachers absence.
• Monthly staff returns.
• Warning/show cause letters for absenteeism.
• Daily attendance registers/clock in register.

C. Desertion of Duty;

Absence from duty for 14 continuous days ( without written permission) including weekends and public holidays. These may include:

• Failure to report for posting after expiry of study leave.
• Proceed on study leave without approval.
• Failure to report to new station immediately after release.

Evidence required:

Casualty returns:

• Letters from relevant authorities reporting the teacher’s desertion/release or reporting for duty.
• Letter granting study leave stating when to resume duty.
• Monthly staff returns.

D. Insubordination:

Failure to obey official/instructions from supervisors e.g. Commission Secretary, Heads of Institution, County Directors and Sub-County Directors . e.g.:

• Failure to respond to letters from supervisors.
• Failure to take up posting after disciplinaryprocess/transfer/deployment.
• Proceeding on transfer without formal release.
• Failure to forward correspondence by teachers to and from the Commission.
• Failure to handover/takeover an institution upon transfer.
• Failure to submit books of accounts.

Evidence required:

1. Written reports by agents/County Directors/Supervisors.
2. Letters giving directives/instructions and evidence of failure to adhere.
3. Statement from witnesses.
4. Minutes of the full BOM, minutes where the teacher and witnesses were
   interviewed.
5. Minutes of disciplinary panel.
6. Investigation reports.
7. Staff meeting minutes.
8. Police reports.
9. Medical reports.

E. Infamous Conduct in any Professional Respect::

Drunkenness or any form of intoxication during working hours.
Fighting in public or any violent
behavior that may bring the profession to disrepute.
Conduct or behavior which contravenes chapter Six (6) of the Constitution.

Evidence required;

• Written reports by agents.
• Show cause letters.
• Statement from witnesses.
• Minutes of the full BOM minutes where the teacher and witnesses were interviewed.
• Investigation reports.
• Police reports.
• Medical reports.

F. Forgery/Impersonation /Collusion/Fraud and Corrupt deals/Bribery
Causing payment of salary to teachers not on duty

That includes:

• Desertions, deceased persons.
• Failure to report offences by teachers.
• Forged signatures/stamps.
• Obtaining registration through fraudulent means.
• Submission of incorrect staff returns.
• Submission of forged certificates.
• Misrepresentation/falsifying information.
• Some exam malpractices/irregularities.

Evidence required:

• Sample signatures/rubber stamps.
• Copies of forged documents/certificates.
• Confirmation of certificates by the issuing bodies e.g. KNEC, universities.
• Investigation reports.
• Statements by those impersonated/witness/experts in the related fields

G.Mismanagement/Misappropriation/Embezzlement of Public Funds

Mismanagement is handling of public funds and /or property in an inefficient,
irregular or in any manner likely to cause loss to the institution.
Misappropriation is use of public funds for unauthorized purposes by a teacher.
Embezzlement is the fraudulent conversion of public funds and property entrusted to a
teacher to personal use.

Loss of public funds through negligence.
Failure to account for public funds as per
the Law.

       Evidence required;

• Financial reports presented to BOM and minutes.
• Final audited accounts/Annual audited reports/interim audited accounts,
• promissory notes.
• Investigation reports, relevant financial and accounting documents.

H. Conviction of Criminal Offense:

A teacher is interdicted upon conviction (being found guilty of a criminal offence). Jailed/fine or non custodial sentence.

Conviction of a sexual offence or any offence against a learner.
Conviction of a criminal offence which in the opinion of the
Commission renders the person unfit to be a teacher.

Evidence required:

• Casualty return showing the date arrest/imprisonment.
• Copy of charge sheet showing nature of offence.
• Certified copies of court proceedings and judgment (CPJ).
• Letters from authority reporting the arrest/reports.

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