Top Latest TSC List Of Offences That Can Get Teachers Interdicted — Shocking Evidence Types Used In Disciplinary Action

TSC Updated List Of Offences & Evidence That Can Lead To Teachers Interdiction .

The Teachers Service Commission (TSC) plays a crucial role in upholding the professional standards of teachers across Kenya. One of the key disciplinary measures it employs is interdiction, which refers to the temporary suspension of a teacher from duty while investigations into alleged misconduct are carried out.

 

Contrary to popular belief, interdiction is not dismissal, but a process that gives a teacher the opportunity to respond to allegations before a final decision is made. However, it can ultimately lead to dismissal if the teacher is found guilty. In this article, we take a deep dive into the specific offences that can lead to TSC interdiction, the clauses they breach, and the evidence required to initiate disciplinary proceedings.

 

1. Immoral Behaviour and Sexual Misconduct

Among the most severe offences that lead to teacher interdiction is sexual misconduct, particularly involving learners. TSC has consistently expressed concern over the rising number of male teachers accused of engaging in inappropriate relationships or behavior with students.

 

Types of Immoral Behaviour That Can Lead to Interdiction:

1.  Engaging in sexual activity with students (carnal knowledge)
2.  Indecent acts or flirtation with learners
3.  Display or sharing of pornographic content with students
4.  Lesbianism, sodomy, and other sexual advances within school environments
5.  Inappropriate emotional relationships with learners

 

Breached Clauses:

Section (a)(i) to (a)(iv) of the TSC Code of Regulations for Teachers

 

Required Evidence:

Handwritten statements from victims and witnesses

Physical evidence such as messages, letters, photos, or exchanged gifts

Reports from school heads or sub-county directors

Board of Management (BOM) meeting minutes

Records from County Discipline Panels

Certified court documents where applicable

 

Teachers found guilty of such acts are not only deregistered but also included in the Sex Offenders Register, making it impossible for them to receive clearance from the DCI or secure future employment.

 

2. Professional Misconduct

This broad category covers a wide range of actions or omissions that reflect poorly on a teacher’s professional conduct.

 

A. Negligence of Duty

This occurs when a teacher fails to execute assigned tasks responsibly or deliberately avoids them.

 

Examples:

Skipping scheduled lessons without explanation

Failing to prepare teaching documents (e.g., schemes of work)

Ignoring Teacher on Duty roles

Assisting or ignoring cheating during examinations

 

Evidence Required:

Reports from school heads or County Directors

Staff meeting minutes and duty rosters

Statements from fellow teachers or students

Attendance records or class registers

 

B. Chronic Absenteeism

This refers to consistent absence from work without proper authorization.

 

Examples:

Reporting late frequently

Missing classes for several days

Ignoring school duties or failing to clock in

 

Supporting Documents:

Staff attendance registers

Warning or show-cause letters

Casualty returns and staff returns

 

C. Desertion of Duty

TSC defines desertion as being absent from duty for 14 consecutive days without written permission.

 

Common Triggers:

Failing to return after study leave

Ignoring transfer letters

Not reporting to a new duty station

 

Evidence:

Monthly staff returns

Letters from the receiving institution

Study leave approval documents

 

3. Insubordination

Insubordination refers to failure or refusal to follow lawful instructions issued by superiors.

 

Offences Include:

Ignoring official memos or directives

Refusing to report to a new duty station

Proceeding on transfer without release letters

Not submitting required institutional reports or financial books

 

Evidence Needed:

Reports from supervisors or County Directors

Copies of directives sent and ignored

Witness statements from school staff

Disciplinary meeting records

 

4. Infamous Conduct Related to Professional Integrity

Some behaviours may occur outside school but still affect a teacher’s credibility and reputation.

 

Examples Include:

Public drunkenness or intoxication while on duty

Fighting in public places

Gross misconduct that violates Chapter Six of the Constitution (Integrity and Ethics)

 

Proof Required:

Police reports or OB numbers

BOM meeting minutes discussing the incident

Medical reports (if intoxication is involved)

Witness testimonies and written reports from local authorities

 

5. Forgery, Fraud, and Examination Malpractice

Teachers who are caught falsifying documents or engaging in corrupt activities also face interdiction.

 

Common Violations:

Forged academic certificates

Altered student marks or grades

Use of fake stamps or forged staff returns

Registering unqualified individuals as teachers

 

Evidence Collection:

Comparison of submitted documents with records from official institutions

Expert analysis of signatures or stamps

Investigative reports from internal TSC audits

Confessions or witness accounts

 

6. Financial Mismanagement or Embezzlement

Teachers, especially those in administrative roles, are entrusted with managing school finances. Misuse of funds is a serious offence.

 

Types of Financial Misconduct:

Spending school money without approval

Unauthorized allocation of resources

Misappropriation of development funds

 

Proof and Documentation:

Audited financial statements

Reports from BOM meetings

Bank statements and receipts

Investigation findings from TSC or auditors

 

7. Criminal Convictions

If a teacher is convicted of a criminal offence, especially one that questions their moral character, they may be suspended and deregistered.

 

Applicable Crimes Include:

 

Theft, assault, or bribery

Sexual offences

Offences involving learners or other public servants

 

Required Proof:

Charge sheets from the courts

Certified judgments

Reports from police or prison authorities

Casualty returns from the school indicating arrest or imprisonment

 

Transparency and Teacher Rights During Interdiction

TSC emphasizes that teachers are entitled to fair hearing and due process. After interdiction, they are given time to respond to charges, appear before disciplinary panels, and appeal decisions if necessary.

 

Section 30 of the TSC Act (2012) mandates that all deregistered teachers be published publicly to safeguard learners and ensure accountability.

 

Final Thoughts

Maintaining ethical and professional standards within Kenya’s education sector is essential for both learners and teachers. The interdiction process, though stringent, is aimed at ensuring only those fit to teach remain in the classroom. Understanding the TSC’s list of interdiction offences and the corresponding evidence requirements can help teachers avoid pitfalls that may jeopardize their careers.

TSC Updated List Of Offences & Evidence That Can Lead To Teachers Interdiction .