Teachers Service Commission (TSC) Act: Citation and Interpretation
The Teachers Service Commission Act is a crucial legislative framework in Kenya, governing the administration and regulation of teachers.
It outlines the roles, responsibilities, and rights of teachers, as well as the powers of the Teachers Service Commission (TSC).
Below you can download the regulations set forth by the Teachers Service Commission pertain to the Code of Conduct and Ethics for Teachers.
Understanding the citation and interpretation clauses of the Act is essential for ensuring clarity and consistency in its implementation, promoting professionalism and welfare of teachers in Kenya.
Citation: This Code may be cited as the Code of Ethics for Teachers.
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Interpretation
In this Code, unless the context otherwise requires—
“Act” refers to the Leadership and Integrity Act (Cap. 185C).
“Asset” means a thing, tangible or intangible, owned, whether wholly or in part, or controlled by a teacher, which has an actual or determinable economic value and can be sold, exchanged, or otherwise used or applied to meet an obligation or acquire something else in return;
“Bid rigging” refers to a benefit that is given or received for not submitting a tender, proposal, quotation, or bid; or withdrawing or changing a tender, proposal, quotation, or bid; or submitting a tender, design, quotation, or bid with a specified price or with any specified inclusions or exclusions;
“Conflict of interest” refers to instances when a teacher’s interest clashes with his or her official duties;
“Client” refers to an individual to whom a teacher provides services, encompassing learners, parents, and other members of the public;
“Employer” refers to a person, institution, or entity that employs a teacher’s services;
“Harmful sexual activity” means any act of a sexual nature that may cause physical, emotional, or psychological torture which includes but is not limited to flirtation, sodomy, sexual intercourse, lesbianism, defilement, indecent touching, rape, sexual assault;
“Learner” refers to a person undergoing instruction in an educational institution; “pornography” refers to the explicit depiction of sexual subject matter, whether electronically or otherwise;
“pornographic materials” include but not limited to material such as literature, photography, or other printed or visual material depicting sex organs or sexual activity in a way that is designed to arouse sexual excitement, and erotic stimulation rather than education;
“Teacher” means a person who has been trained as a teacher as provided for in law and registered as a teacher;
“Unethical behavior” refers to any action or omission that violates the provisions, spirit, and tenor of this Code.
“values” refers to norms, principles, and standards of behavior expected of a teacher as amplified by Articles 10 and 232 of the Constitution of Kenya and the Commission’s core values;
Article 250(12) of the Kenyan Constitution appoints the Chief Executive Officer of the Teachers Service Commission as the “Secretary”.
“Sex toy” means an object or device that is primarily used in facilitating human sexual pleasure;
“Sexual harassment” refers to an act by a teacher who persistently makes any sexual advances or requests including gestures, cat calls, jokes, or comments including innuendos, 5 No. 20 of 2012 Teachers Service Commission [Rev. 2022] [Subsidiary] regarding another person’s sexuality if the person doing it knows or ought to know or has reasonable grounds to know, are unwelcome;
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“Subversive activity” means any act which by its nature, upsets public order, peace, and security and shall include anything done to endanger, undermine, or is detrimental to public policy and interest; and
“Vacancy” means an existing and available post for recruitment, transfer, and promotion at the Commission.
Teachers Service Commission (TSC) Act: Citation and Interpretation
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