The Teachers Service Commission (Amendment) Bill, 2026, has been presented to the National Assembly in Kenya, seeking to expand the offences for which a teacher can be deregistered. The bill specifically includes 'sexual exploitation' as a form of immoral behaviour, which involves exchanging sex or sexual acts for academic grades, pocket money, school fees, learning materials, or other basics of life. This move aims to address the prevalent issue of sexual abuse and exploitation by teachers and staff in primary and secondary schools.
The proposed bill defines sexual exploitation to include involving learners in creating, accessing, or distributing pornographic and sexually explicit materials. Other offences listed for deregistration include sexual intercourse, sodomy, lesbianism, sexual harassment, and flirtation with or towards a learner. Currently, the Teachers Service Commission (TSC) Act provides for a teacher to be removed from its register for immoral behaviour involving a learner. The bill seeks to introduce sexual exploitation as a distinct category while retaining the existing offences.
A teacher could also be deregistered for obtaining TSC registration through fraudulent means, being convicted of a sexual offence or another offence against a learner or minor, or being convicted of a criminal offence that renders them unfit to teach. Forgery, impersonation, and presenting forged documents to the Commission would also remain grounds for removal from the register. Additionally, the bill introduces a wider list of disciplinary offences, including cyberbullying, exposing learners to illicit drugs, and supplying them with psychotropic substances.
The proposed amendments also capture other offences that attract disciplinary action, including violating procurement regulations, sexual intercourse, sodomy, lesbianism, sexual harassment or flirtation, as well as a love relationship with a learner. Teachers would also face disciplinary action for helping an unregistered person secure employment as a teacher and engaging in other gainful employment while employed by the TSC. Furthermore, the bill lists falsifying or altering official documents or data, negligence of duty, chronic absenteeism, desertion, incitement, and insubordination as disciplinary offences.
The TSC Act already classifies sexual intercourse, sodomy, lesbianism, and sexual harassment or flirtation as immoral behaviour. It also lists professional misconduct such as negligence, lateness, chronic absenteeism, desertion, incitement, and insubordination. Drunkenness and fighting, forgery, embezzlement of public funds, and other conduct incompatible with the teaching profession are also currently disciplinary offences. The TSC has been taking measures to address misconduct, including suspending six primary school teachers in Kisii County in 2023 for allegedly forcing children to practise mock sex.
According to the TSC, 1,228 teachers were sacked between 2012 and 2019 for having sexual relations with students. The commission has been working to address the issue of sexual abuse and exploitation by teachers and staff in primary and secondary schools. The proposed bill aims to provide a safer learning environment for students by holding teachers accountable for their actions. The bill was presented to the National Assembly by Majority Leader Kimani Ichung'wah.
The proposed changes to the law governing the teaching profession are part of ongoing reforms to ensure that teachers adhere to high standards of conduct. The bill is expected to be debated in parliament, and if passed, it will provide a framework for the TSC to take disciplinary action against teachers who engage in misconduct. This move is expected to promote a culture of accountability and professionalism among teachers in Kenya.
Key points
- The proposed bill seeks to introduce sexual exploitation as a distinct category of offence for which a teacher can be deregistered.
- The bill lists a wide range of disciplinary offences, including cyberbullying, exposing learners to illicit drugs, and violating procurement regulations.
- The TSC has been taking measures to address misconduct, including suspending teachers and sacking those found guilty of having sexual relations with students.
