Unions demand pay for 99,000 teachers in acting positions

Kenya Union of Post Primary Education Teachers (KUPPET) officials led by National Chairman Omboko Milemba addressing the media at their Head Office in Nairobi over the challenges facing schools on November 22, 2023. [Boniface Okendo, Standard] A row is brewing between the Teachers Service Commission (TSC) and unions over the fate of more than 99,000 teachers currently serving in acting capacity. The standoff was laid bare on Thursday, during a session of the National Assembly's Education Committee. Lawmakers questioned why the commission has retained a significant number of school administrators in acting roles-despite the government having allocated a budget for permanent appointments. At the center of the dispute is a proposed amendment to the Teachers Service Commission Act, sponsored by Mandera South MP Haro Abdul Ebrahim, that seeks to anchor teacher allowances in law-a move TSC opposes. KUPPET revealed the staggering number of acting administrators, exposing the scale of leadership gaps in schools and intensifying calls for the introduction of acting allowances. Currently, the commission does not compensate teachers holding positions in an acting capacity, citing a directive from the Salaries and Remuneration Commission (SRC). "The responsibility allowance was scrapped based on advice from the SRC," said Allan Sitima, deputy director in the TSC's legal department. In its submission to Parliament, KUPPET is lobbying for a raft of new allowances to be enshrined in law. Appearing before the National Assembly's Education Committee on Thursday, KUPPET tabled proposals to amend the Teachers Service Commission (TSC) Act, seeking the introduction of per diem for teachers on official duty away from their stations, risk allowance for science teachers handling hazardous chemicals, and a postgraduate allowance for those with Master's or PhD qualifications. The union also called for acting allowances to be granted automatically to teachers assigned administrative duties without formal appointments and for prompt payment of transfer allowances within one month of deployment. "These proposed amendments are aimed at ensuring fairness and equity in remuneration by anchoring them in law rather than leaving them at the discretion of the employer," KUPPET said in its submission to the committee. The proposal emerged on Thursday as the committee deliberated on a bill to anchor all allowances in the teaching sector in law. However, the TSC has pushed back against the proposals, arguing that codifying allowances in law is unnecessary since existing regulations already cover them. The Commission warned that the proposed changes could limit its administrative flexibility and strain budgetary provisions. "The question that is pertinent. Where to home these amendments. TSC act or code of regulations. Allowances raised are appropriately housed in the code of regulations," Allan Sitima, the deputy director legal department at TSC said. The sentiments have also received backing from the Public Service Commission (PSC) PSC legal director, Jacquiline Manani, while providing professional advisory warned against anchoring the allowances in the TSC Act noting it would be equal to a 'straitjacket.' "This will be equal to a straitjacket that would not only limit the commission but also teachers and it is going to be quite rigid to make any changes," Manani said. She further noted that allowances for Public Servants are dwelt in the HR manual, a document TSC termed to be inferior to the code of regulation. However, the union insists that legal recognition would create enforceable rights and reduce disputes over teacher compensation. KUPPET chairman Omboko Milemba said anchoring allowances in the Act would compel the Commission to honor the legally binding structures. Among the proposed allowances is a risk allowance for science teachers who regularly work with laboratory chemicals-hazards KUPPET says pose serious health risks. The union also wants a postgraduate allowance to recognise and reward teachers who pursue higher academic qualifications, saying this would encourage professional development. Additionally, the union is pushing for a subsistence allowance (per diem) for teachers assigned official duties away from their normal workstations, aligning with standard public service practice. Concerns have also been raised over the financial viability of some of the proposed benefits. TSC says that Treasury officials and actuaries reportedly warned that introducing a risk allowance for all science teachers-who make up more than half of Kenya's teaching workforce-would create an unsustainable financial burden. "How do we define risk? It may be a cost that's not sustainable," Sitima said. Despite the pushback, KUPPET chairman Omboko Milemba said legal recognition of the allowances will help in ensuring accountability. "Legal recognition of these allowances will reduce disputes and enforce accountability," Milemba said. He added that anchoring the benefits in law would protect teachers' rights and encourage professional development across the sector.

Unions demand pay for 99,000 teachers in acting positions

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