Good News to Teachers in Acting Capacity as TSC Makes this Statement
Teachers employed by the Teachers Service Commission (TSC) can now breathe a sigh of relief after a law requiring the Commission to confirm them within six months of acting was introduced in Parliament.
A public officer should not serve in an acting capacity for more than six months, according to a bill sponsored by Embakasi Central MP Benjamin Gathiru.
Teachers have acted as school administrators in the past without being confirmed to the new job (Senior Teachers, Senior Masters, Deputy Headteachers, Deputy Principals, Headteachers, Senior Headteachers, Principals, Senior Princiapal).
TSC has long been accused by the Kenya Union of Post-Primary Education Teachers (Kuppet) of failing to confirm teachers who hold acting administrative roles.
The present career progression guidelines (CPG) make it impossible for classroom teachers to gain promotions unless they are in administrative roles, according to Mr. Omboko Milemba, the national head of the Kuppet.
Milemba said that the Commission is misusing workers by issuing bills for services that have been done but not paid for.
“This is an unquantified pending law. The TSC and the government are abusing the workers in this situation. I’ve asked a question in Parliament, but my office staff and I are conducting research to support the data. Without working in administration, it has become hard to advance, according to Mr. Milemba, who is also the MP for the Emuhaya seat. He claimed that instructors of grades C3 and C4 are the most impacted.
The National Assembly’s Labour committee announced on Thursday, August 3, that it would offer an amendment to the Public Service Commission (Amendment) Bill, 2023 that would set the retirement age at 55.
Fabian Muli, a member of parliament for Kangundo, stated that if the committee wants to represent the interests of the youth, it should suggest additional changes to the Bill that would lower the retirement age.
To inspire pride in the young people of this nation, Mr. Muli added, “We need to think further and lower the age to 55.”
He stated that if the committee didn’t take the age reduction amendment into consideration, he would personally submit the change.
The committee needs to change the essential legal requirements regarding the retirement age, according to Kilifi South MP Ken Chonga.
In order to change those laws, we need to understand how the 60-year retirement age was determined, according to Mr. Chonga.
While endorsing the lowering of the retirement age, Lunga Lunga MP Mangale Munga stated that there is a need to accommodate the growth of young people.
Why sixty years? In order to provide room for the young people, it should be raised to 55 years old. That is a suggestion; whether it is accepted or rejected depends on personal opinion, Mr. Munga remarked.
I have allowed the committee to make changes to the Bill, but we shouldn’t lose sight of its purpose or objective, Mr. Gathiru remarked.
If the measures are approved, the bulk of federal officials who are slated to retire in the next five years would do so sooner. This will have significant effects, including adding financial pressure to a government that is already having trouble meeting its obligations through a higher pension payment.
Good News to Teachers in Acting Capacity as TSC Makes this Statement
In 2009, the required retirement age was raised from 55 to 60 years old as a result of the government’s struggles to pay for escalating pension costs.
In the six months leading up to December 2021, the National Treasury disbursed Sh69.22 billion in pension and gratuities.
According to a 2016 audit, 35% of national government employees were between the ages of 51 and 60.
3,958 officers altogether left the service during the Financial Year 2021–2022, according to the Public Service Commission (PSC) annual report for 47 ministries, departments, and organisations.T
According to the Public Service Commission (Amendment) Bill, 2023, a person may be appointed in an acting capacity for up to six months, but no longer than 30 days.
The proposed legislation states that an individual can only be nominated to occupy a public office in an acting capacity once they have fulfilled all requirements for that specific officer.
“An acting appointment shall be in favour of a public officer who is duly qualified and competent to perform the duty and not undermine the expeditious appointment or deployment of a competent person to the public office concerned,” the Bill states.
If someone is appointed in an acting role without having the necessary credentials, the Public Service Commission will promptly cancel such appointment.
