MPs back Bill to give acting teachers allowance, compel their confirmation

Thousands of teachers serving in acting capacities are set for relief after MPs backed a Bill that introduces structured engagement and guarantees allowances for school administrators.

The proposed law seeks to establish a clear and structured framework on how long a principal or head teacher should serve in an acting capacity before confirmation.

The move,  legislators say, will restore fairness, boost morale and order in school leadership.

The Teachers Service Commission (TSC) (Amendment) Bill, National Assembly Bill No. 27 of 2024, is currently at the Second Reading stage.

It is sponsored by Mandera South MP Abdul Haro.

Haro said his proposed legislation is meant to cure a situation where some school heads have been unfairly made to act for a long time without confirmation.

The proposal got backing from several MPs, who argued that it is timely and will go a long way in addressing injustices in most schools while protecting teachers from exploitation.

According to Haro, there are more than 3,300 school heads and deputy head teachers currently acting in those capacities.

Teacher unions' figures, however, put those acting at 99,000 — underscoring the scale of the challenge the Bill seeks to address.

The lawmaker argued that this significant backlog in acting positions has resulted in a leadership crisis in schools, making succession planning a major headache for stakeholders.

“Some of these administrators of schools have been made to act for a very long period, some two while others three years and when positions come for substantial filling, adverts are made and sometimes, somebody is recruited in that position as substantive head teacher or deputy, bypassing a person who has been acting for two or three years,” Haro stated.

He noted that the administrators are never entitled to any acting or special duty allowance given the nature of the contracts.

This, he noted, has left the tutors very demotivated despite shouldering full leadership responsibilities.

“Without compensation, it discourages retention and weakens succession planning in school leadership and it is as a result of this that this Bill seeks to formalise and entrench fairness in acting appointments to be made in a structured manner and streamline allowances that go with it,” Haro explained.

Under his proposal, an administrator will act for a period of six months, after which the position could be filled substantively either by the acting administrator or through whatever mechanism that picks someone else.

The Bill also spells out qualifications and remuneration for appointment in an acting capacity, and prohibits appointing school administrators to more than one acting position.

Nominated MP Dorothy Muthoni termed the Bill crucial, saying it will bring to an end unfair administrative practices and protect teachers serving in an acting capacity.

“We have practices where administrators have been subjected to a lot of anxiety, torture and torment when given responsibilities and told to act and in that capacity, they are responsible for the day-to-day running of the institution, but they keep waiting, agonising without knowing their fate,” Muthoni said.

She said there will also be a statutory framework to govern acting appointments and that, as administrators serve for six months, they should be paid acting allowances.

The allowances should not be at the discretion of TSC but documented so that teachers can be safeguarded from exploitation.

The lawmaker said the Salaries and Remuneration Commission (SRC) should be involved in consultations for purposes of accountability and transparency.

“The allowances to be paid to teacher administrators should be properly negotiated. It is the responsibility of the employer to ensure arrangements are in place, proper remuneration is documented so that these teachers can be paid allowance before moving to the next station. There should be improvement of teachers' morale and service delivery,” Muthoni stated.

Minority Whip Millie Odhiambo also backed the proposal, arguing that the standard practice is that when someone is in an acting capacity, they should be given the benefits of a substantive office holder.

“This is the issue we have been dealing with administratively, but sometimes, agencies supposed to deal with such issues do not deal with them. It forces us, as legislators, to legislate when people are not doing their mandate,” Odhiambo stated.