Teachers in Acting Capacity to now Receive Acting Allowance
Teachers and civil servants who serve as administrators will now receive allowances during their acting roles. Historically, teachers have taken on administrative positions (such as Senior Teachers, Senior Masters, Deputy Headteachers, Deputy Principals, Headteachers, Senior Headteachers, Principals, and Senior Principals) for extended periods without official confirmation or compensation.
However, a recent development brings relief to those who have acted in these roles for over six months, as a bill proposing the denial of allowances was rejected by MPs. This proposal was seen as unfair and discriminatory under the Constitution and Employment Act.
The National Assembly Labour Committee opposed the bill, stating that it would lead to unfair labor practices and violate Article 27 of the Constitution, which protects against discrimination and ensures fair labor practices. They emphasized that the Employment Act mandates equal remuneration for work of equal value.
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Instead of the proposed six-month limit, the committee recommended that an officer can serve in an acting capacity for up to 12 months before the position is declared vacant and competitively filled. Beyond this period, individuals will not be entitled to acting allowances.
The Embakasi Central MP, Benjamin, who sponsored the bill, argued that since the retirement dates of teachers and civil servants are known, organizations should have officers with similar skills ready to take over, rather than having someone serve in an acting capacity for more than six months.
However, the Public Service Commission (PSC) opposed the amendment, pointing out that not all acting positions can be immediately filled due to various circumstances, such as officers on secondment or those on extended leave. They stressed that the purpose of appointing officers in acting roles is to ensure continuity of service delivery.
Although the Employment Act and the Public Service Commission Act have provisions for acting roles, some officers, especially in parastatals, end up serving in acting capacity for extended periods, sometimes up to three years.
Teachers in Acting Capacity to now Receive Acting Allowance
