Recently, the Teachers Service Commission moved to interdict several teachers posted in North Eastern Kenya.
Interdicted teachers are not fired, but rather, are facing suspension over certain allegations while investigations take place.
TSC interdicted the teachers on grounds that they deserted their duties when they held protests at TSC offices seeking to be transferred from North Eastern over insecurity in the area.
According to TSC, desertion of duty means absence from work for 14 continuous days (without written permission) including weekends and public holidays.
"This may be occasioned by failure to apply for sick leave, failure to report for posting after expiry of study leave, proceeding on study leave without approval or failure to report to new station after release," TSC says.
A teacher may also be interdicted for chronic absenteeism. This may manifest through persistent and repeated absence from duty without permission.
TSC said evidence of chronic absenteeism can be found in casualty returns, letters from authorities reporting the teacher's absence, monthly staff returns, warning or show cause letters for absenteeism and daily attendance registers.
TSC may also interdict a teacher who has been convicted of a criminal offence.
"A teacher is interdicted upon being found guilty of criminal offences such as conviction of a sexual offence or any offence against a learner, conviction of a criminal offence such as murder, robbery, stealing, assault etc," the commission says.
One's immoral behaviour can also be cause for interdiction. TSC described immoral behaviour by a teacher as engaging in sexual relationships or activities with a learner, whether the learner consents or not.
"It includes sexual intercourse, sodomy, lesbianism, sexual harassment/flirtation – touching/kissing and generally making sexual advances to students in any learning institution," the commission says.
Teachers who neglect their duties also risk interdiction. This may manifest through failure to teach scheduled lessons, failure to prepare professional documents e.g. schemes of work, allowing examination cheating, grading fake marks or refusal to take students for official duty/functions/attend to co-curricular activities.
Insubordination is also a serious offence that could get one interdicted.
This may manifest in simpler ways such as failure to obey official instructions from supervisors, failure to respond to letters from supervisors/show cause letters or failure to take up posting after disciplinary process/transfer/deployment.
A teacher may also be accused of insubordination if they fail to adhere to recruitment guidelines, teach without a teaching certificate, proceed on transfer without formal release, proceed for other assignments not organised by the Commission without formal release or fail to handover/takeover an institution upon transfer
Infamous conduct in any professional respect could also get a teacher interdicted.
TSC terms this as any behaviour that goes against professional ethics in the eyes of the public.
"It includes among other behaviours use of abusive language, fighting in public, drunkenness, indecent/inappropriate dress code, peddling drugs, dealing in pornography, creating a disturbance, incitement and any conduct or behaviour against Chapter 6 of the Constitution," the commission says.
A teacher may also face interdiction for forgery, impersonation or collusion.
Fraud and corrupt deals of bribery are frowned upon by the commission.
This may manifest through payment of salary to teachers not on duty e.g. deserters or deceased persons, failure to report desertion, forged signatures and stamps, obtaining registration through fraudulent means, submission of incorrect staff returns, submission of forged certificates/documents and misrepresentation or falsifying information.
Teachers who mismanage, misappropriate or embezzle public funds are also candidates for interdiction.
Teachers who direct institutional funds to personal use, lose public funds through negligence, fail to account for public funds as per the relevant Law, fail to follow procurement procedures, solicit favours to deliver service, falsify information and have poor control of resources placed under them can be interdicted.
Teachers who take part in economic crimes and serious offences can also face interdiction.
These are offences against the Anti-Corruption and Serious Crimes Act (2003).
Economic Crimes include fraudulent payment or excessive payment from public revenues for goods and services which are either rendered or not; willful failure to comply with any law or applicable procedures and guidelines relating to procurement, allocation, sale or disposal of property or tendering of contracts and management of funds or incurring expenditure or engagement in institutional projects without planning.
The Discipline Procedure
Once a teacher is found on the offence side, the discipline process begins in the institutions where the teacher is based by reporting the allegations to either the commission, TSC County Director or the Board of Management.
The authority on receiving the allegations will conduct an investigation and assemble evidence to establish whether the teacher has a case to answer or not.
The authority will then invite and interview the teacher and witnesses (if any) except for desertion cases.
If satisfied that the teacher has a case to answer, the authority will serve the teacher with a letter of interdiction specifying the actual allegations made against him/her.
The authority will then send a copy of the interdiction letter to the Secretary TSC/County Director attaching all the relevant documentary evidence.
An interdicted teacher is to clear and leave the institution within 48 hours of receiving the letter of interdiction.
The interdicted teacher shall receive half salary during the period of interdiction except in the following cases: chronic absenteeism, desertion, having been jailed or held in legal custody, misappropriation or mismanagement of public funds, fraudulent claims and receipt of funds, use of false certificates, forgery, impersonation, collusion; and immoral behaviour.
