The Senate Standing Committee on Education, Chaired by Sen. Betty Montet, today held a consultative meeting with the Acting Chief Executive Officer of the Teachers Service Commission (TSC), Ms. Eveleen Mitei, accompanied by members of the Commission's Management Team led by Deputy Director of Legal Services, Mr. Allan Sitima, to deliberate on a Petition by teachers from Samburu County concerning prolonged acting appointments, staffing shortages, career progression and the overall working conditions of teachers in the County.

In her opening remarks, Sen. Betty Montet welcomed the Commission and underscored the Committee's constitutional oversight mandate in safeguarding the welfare of teachers and ensuring equitable access to quality education across the country. She noted that the Petition had raised significant concerns touching on human resource management within the teaching service, and the Committee was keen to receive comprehensive responses from the Commission before considering the way forward.

Responding to the Petition, Acting CEO Ms. Eveleen Mitei assured the Committee that the Commission had undertaken wide-ranging reforms aimed at strengthening teacher career progression, succession planning and institutional leadership through the implementation of the new Career Progression Guidelines (CPGs).

"The new Career Progression Guidelines have already been approved by the Commission and are currently awaiting evaluation and authorization by the Salaries and Remuneration Commission. Once finalized, they will pave the way for implementation and provide a more structured pathway for career advancement within the teaching service," she said.

Ms. Mitei explained that the revised framework seeks to establish transparent and merit-based appointments to administrative positions while creating a sustainable leadership pipeline through succession planning, mentorship, teacher professional development and structured career progression. She further informed the Committee that the Commission had already presented the finalized guidelines to the Salaries and Remuneration Commission for budgetary alignment and had simultaneously advertised promotions for 34,016 teachers under a Kshs. 2 billion budget allocation.

On the concerns surrounding acting appointments, Ms. Mitei explained that the Commission remains guided by the Constitution, the Teachers Service Commission Act, the Code of Regulations for Teachers, the 2021–2025 Collective Bargaining Agreement and other applicable policy instruments in administering promotions and appointments.

Deputy Director of Legal Services Mr. Allan Sitima clarified that while the existing legal framework provides for acting appointments, it does not expressly prescribe the maximum duration an officer may serve in an acting capacity.

"The law does not specifically prescribe the period one should remain in an acting position. Nevertheless, the Commission continues to pursue additional budgetary allocations to facilitate payment of acting allowances and enable substantive appointments whenever resources become available," he explained.

Seeking further clarification, Sen. Catherine Mumma questioned whether the Commission had formally engaged the National Treasury regarding the accumulation of unpaid acting allowances.

"Have you formally written to the National Treasury indicating that acting allowances remain outstanding and should therefore be budgeted for, including provision for the accrued arrears owed to affected teachers?" she posed.

In response, Ms. Mitei acknowledged that delayed funding continued to hamper the Commission's ability to compensate teachers serving in acting capacities despite its commitment to the policy.

"We are unequivocal that teachers serving in acting positions deserve to be compensated. We consistently provide for these requirements in our budget proposals, but implementation remains dependent on the availability of resources from the National Treasury," she stated.

The Committee also sought clarification on the implementation of affirmative action measures for teachers serving in Arid and Semi-Arid Lands (ASALs) and other hard-to-staff areas.

Sen. Catherine Mumma sought to know how the Commission was implementing its affirmative action framework to ensure teachers serving in marginalized regions receive equitable opportunities for promotion.

Mr. Sitima explained that the Commission had embedded affirmative action within its policy framework to promote equity and strengthen representation of local teachers in leadership positions.

"Affirmative action remains an integral component of our policy framework. It is a bona fide strategy intended to empower teachers serving in ASAL and hard-to-staff areas by providing equitable opportunities for appointment and career progression," he observed.

The Committee further interrogated persistent staffing shortages in Samburu County, teacher deployment and equitable distribution of teachers across the country.

Ms. Mitei informed Members that although the Commission had recruited more teachers into Samburu County than those exiting through transfers, staffing challenges persisted owing to funding limitations, teacher mobility and the unique circumstances associated with ASAL counties. She added that the Commission continued to prioritize recruitment of qualified teachers from local labour markets, engagement of teacher interns, replacement of teachers exiting service and staff balancing through transfers to mitigate shortages. She further noted that in 2024, the Commission recruited 455 teachers in Samburu County through a competitive and merit-based process from over 4,100 applicants, while also implementing targeted affirmative action measures to enhance staffing in ASAL and hard-to-staff areas.

Contributing to the discussion, Sen. Agnes Kavindu Muthama emphasized that sustainable financing remains central to resolving the staffing crisis.

"It is time for Government to adequately finance the education sector. We cannot continue expecting quality learning outcomes when the Commission lacks sufficient resources to recruit, promote and adequately support our teachers," she said.

The Senator further questioned the Commission's long-term strategy for securing adequate funding to facilitate promotions and absorb the many qualified teachers who remain unemployed.

The Committee also deliberated on teacher deployment in informal settlements, with Sen. Catherine Mumma expressing concern over the continued shortage of teachers in public schools serving vulnerable communities.

"We must ensure children in informal settlements enjoy equitable access to education through adequate teacher deployment. No learner should be disadvantaged because of where they live," she stated.

Ms. Mitei responded that teacher deployment is guided by approved staffing establishments and national staffing norms, while transfers are processed in accordance with established policy guidelines, including medical, family and administrative considerations. She added that the Commission would continue reviewing emerging needs to enhance equitable distribution of teachers across the country and strengthen staffing in marginalized regions.

Addressing retirement benefits, Ms. Mitei informed the Committee that the Commission had significantly improved the processing of retirement claims through the establishment of a National Pension System database.

"We have made significant progress in processing retirement claims and continue working towards ensuring that teachers receive their retirement benefits within the stipulated timelines," she said.

The Committee further welcomed the Commission's continued payment of Special Duty Allowances to teachers handling learners with special needs, as well as its ongoing investment in teacher professional development, mentorship and succession planning to strengthen institutional leadership across public schools.

Sen. Johnes Mwaruma observed that prolonged acting appointments not only affect staff morale but also undermine confidence in career progression within the teaching service.

"Teachers who continue to shoulder additional responsibilities deserve certainty regarding their career progression. Addressing prolonged acting appointments will enhance motivation, improve service delivery and strengthen confidence in the Commission's human resource processes," he remarked.

Similarly, Sen. Nderitu Kinyua emphasized the need to ensure that staffing policies deliver equitable learning opportunities regardless of geographical location.

"Every learner deserves access to qualified and motivated teachers irrespective of where they live. Sustainable staffing policies will be critical in narrowing regional disparities and improving educational outcomes in marginalized areas," he noted.

In her closing remarks, Ms. Eveleen Mitei thanked the Committee for the constructive engagement and reaffirmed the Commission's commitment to implementing the recommendations arising from the deliberations.

"We appreciate the invaluable observations and guidance offered by the Committee. The Commission remains committed to strengthening its policies and administrative processes in order to better serve teachers and improve education outcomes across the country," she said.

Closing the meeting, Sen. Betty Montet commended the Commission for its candid submissions while reiterating the Committee's commitment to ensuring that the concerns raised in the Petition receive due consideration.

"We appreciate the comprehensive submissions presented by the Commission. The Committee will carefully interrogate the issues raised in the Petition and continue engaging all relevant stakeholders to ensure that our teachers are treated fairly and that every learner receives quality education supported by a motivated teaching workforce," she concluded.