Teachers Service Commission doesn’t transfer errant teachers

In a court ruling covered prominently by the media a week ago, the High Court ordered the Attorney General, Teachers Service Commission, a public primary school in Nakuru and one Henry Stariko Amukoah to jointly pay two girls Sh5 million to compensate them for defilement by Mr Amukoah, a former teacher.

Justice Mumbi Ngugi further opined that the girls' school and TSC had not diligently exercised their duty of care, and talked about "serial offenders who abuse students in one school and are often transferred to other schools, where abuse continues".

Her comments are understandable, but not necessarily correct. Issues of sexual abuse of learners, not just by a teacher but any other member of society, are both abhorrent and revolting. It is the worst form of abuse and dereliction of duty anywhere.

However, the issues surrounding this particular suit need to be placed in context. In September 2010, Mr Amukoah was charged with a criminal offence in a magistrate's court in Nakuru with defiling the two girls who were his pupils. He was acquitted of the charges.

After a complaint was made on the teacher's alleged immoral conduct, TSC carried out its own investigations and instituted professional charges of immoral conduct. He was heard by a professional tribunal which also invited witnesses including the pupils, after which he was found guilty.

The attendant consequences for the teacher were summary dismissal and instant removal from the register of teachers, never to teach anywhere else as long as he remains deregistered. The question of whether enough safeguards have been put in place to protect learners against violations, especially sexual abuse within and outside their schools will, however, remain pertinent.

In the last five years, the TSC has put in place one of the most systematic and elaborate legal and policy frameworks to address issues professionalism and in particular sexual abuse of learners.

For a start the Teachers Service Commission Act has now made it explicit that no person can engage in teaching whether in public or private schools without first being registered. Further, besides academic and pedagogical certification, those seeking licences to teach are also required to be of good moral character.

In fact, Section 27 of the Teachers Service Commission Act has made it clear that no person will be licensed to teach if the person is not of good moral conduct or has at any given time been convicted of a sexual offence or any other offence against a learner.

More important, however, is that in policy and practice, immoral conduct with or towards a learner remains the most serious professional offence in the teaching service in Kenya. As such, the most severe punishment known in the profession is meted out whenever such an offence of sexual affair with a learner is proved.

Any proved case of sexual affair with a learner leads to summary dismissal and removal from the Register of Teachers, after which the teacher is barred from teaching anywhere else within and outside the country.

And to demonstrate that offenders who abuse learners in one school are never transferred to other schools to continue with their nefarious acts, TSC has dismissed and deregistered 96 teachers since 2012 to date.

The consequences do not stop there. Their names have been published in the Kenya Gazette in accordance with Section 32 of the Teachers Service Commission Act. The latest batch of names for those struck out from the register is in Gazette Notice Number 3006 of April 30, 2015.

TSC has further established a data base of such teachers to guard against their re-entry into the teaching profession. Additionally, TSC has partnered with non-governmental organisations and development agencies to sensitise the public on the need to participate in the promotion of child welfare such as elimination of all forms of violence.

The latest initiative is a partnership between TSC, European Union through Plan International for the enlistment of Beacon teachers to monitor and report any cases of violence in schools.

Deterrent measures cannot be left to Teachers Service Commission alone. Parents, Boards of Management, leaders and other members of the community must play an active role in reporting such cases to the Teachers Service Commission, police and other law enforcement agencies.