Teachers could face disciplinary action for earning money outside their official jobs, misusing school funds or engaging in sexual misconduct with learners under a proposed law now before Parliament.
The Teachers Service Commission (Amendment) Bill, 2026, sponsored by National Assembly Majority Leader Kimani Ichung’wah, seeks to introduce a range of new disciplinary offences for teachers employed by the Teachers Service Commission (TSC).
Among the proposed offences is engaging in other gainful employment while serving in the teaching profession.
If enacted, the provision would affect teachers who operate shops, run farms, engage in boda boda and other transport businesses or provide consultancy services alongside their teaching jobs.
The proposal comes at a time when many teachers use farming, retail businesses, consultancy and other activities to earn additional income and supplement their salaries.
The Bill specifically seeks to prevent teachers from taking up other income-generating work while they remain in TSC employment.
Beyond outside employment, the proposed amendments contain strict provisions on the treatment of learners and the use of a teacher’s position of authority.
Teachers who sexually exploit learners could be removed from the profession.
The Bill defines sexual exploitation to include demanding sex or sexual acts in exchange for academic grades, school fees or pocket money.
The proposed grounds also cover seeking sexual favours in return for learning materials, gifts, food, shelter, protection from punishment, illicit drugs or other basic needs.
A teacher could also face disciplinary measures for involving a learner in producing, accessing or sharing pornographic or sexually explicit material.
The proposed list of misconduct involving learners includes lesbianism, sexual intercourse, sodomy, sexual harassment, sexual exploitation and flirtation.
The Bill also targets other forms of behaviour considered contrary to the standards expected of teachers.
Cyberbullying, drunkenness, fighting and the use of vulgar or abusive language are listed among the offences.
Forgery and stealing property belonging to an institution would also attract disciplinary action.
Financial management in schools is another area covered by the proposed law.
Teachers accused of mismanaging, misappropriating or embezzling institutional funds could face disciplinary action.
Breaching procurement procedures would also constitute an offence, with a teacher potentially facing deregistration if found culpable after the Bill becomes law.
The proposed provisions come against the backdrop of continued concern over school management, discipline and unrest.
Some school audits currently being reviewed by MPs have raised questions over procurement practices, making the proposed provisions on the handling of institutional resources particularly relevant.
The wider debate on discipline in schools has previously included questions about morality and the conduct of students and teachers.
Former Government Spokesperson Isaac Mwaura spoke about the issue during a period when several schools were hit by disruptions and fires.
“We have to speak about issues of morality. You know we have to speak about issues of homosexuality and lesbianism in schools,” Mwaura said.
In 2016, a special investigation team headed by Claire Omollo was formed following a wave of strikes and fires in secondary schools.
The team visited 97 schools and interviewed students, teachers and other people involved in the education sector.
Its findings included reports of homosexuality and lesbianism among students, as well as concerns about several other factors linked to unrest in schools.
The team called for more research into the extent to which homosexuality and lesbianism contributed to the disruptions.
The report also cited concerns about radicalisation, criminal gangs and what it described as “devil worship”.
The proposed TSC amendments, however, are focused largely on teachers and their conduct in the workplace and in their dealings with learners.
A teacher who uses academic authority or professional position to obtain sexual favours from a learner could therefore face the most severe professional sanction under the proposed framework.
The TSC Code of Conduct and Ethics already prohibits teachers from engaging in sexual activity with learners, forming part of the professional rules governing teachers’ conduct.