Members of Parliament have backed the Teachers Service Commission (Amendment) Bill 2024 that provides acting allowances to approximately 99,000 teachers currently serving in administrative roles such as headteachers, deputy headteachers, senior teachers and heads of departments across public primary and secondary schools.
The Bill, sponsored by a cross-party group of MPs and adopted by the National Assembly’s Education Committee, seeks to address long-standing grievances over unpaid or inconsistently paid allowances for teachers who perform higher duties without formal promotion. Once enacted, it will amend the Teachers Service Commission Act to make acting allowances mandatory, clearly defined and time-bound.
The legislation caps the period a teacher can serve in an acting capacity at six months. After this period, the TSC must either promote the teacher substantively or revert them to their previous grade. Allowances will be calculated as a percentage of the substantive salary of the higher position, ensuring teachers are fairly compensated for the extra responsibilities they shoulder.
Committee Chairperson and Molo MP Kuria Kimani, who steered the Bill through public participation and stakeholder hearings, said the measure corrects a long-standing injustice. “Thousands of teachers have been forced to act as headteachers or deputies for years without recognition or pay,” Kimani said during the committee stage debate. “They manage schools, supervise staff, handle finances and discipline students, yet many earn the same salary as classroom teachers. This Bill ends that exploitation and restores dignity to the teaching profession.”
Teachers unions hailed the development as a major victory after years of advocacy. Kenya National Union of Teachers Secretary-General Collins Oyuu described the Bill as “a step toward justice.” “Acting without allowance has demoralised many teachers and affected school performance,” Oyuu said. “We have pushed for this for over a decade. The six-month cap and mandatory payment will force TSC to speed up promotions and stop using teachers as stop-gaps.”
The Kenya Union of Post-Primary Education Teachers (KUPPET) echoed similar sentiments. Secretary-General Akello Misori said: “This law will motivate teachers to take on leadership roles without fear of financial loss. It also protects them from indefinite acting that blocks career progression and creates resentment in staffrooms.”
The Bill responds to widespread complaints that TSC often delays substantive appointments due to budget constraints or administrative bottlenecks, leaving teachers to shoulder full responsibilities without corresponding pay. In some schools, acting headteachers have served in that capacity for three to five years. The proposed six-month limit aims to compel the Commission to fill vacancies promptly or reassign duties.
TSC Chief Executive Officer Nancy Macharia welcomed the legislative push but called for adequate funding to support implementation. “We support fair remuneration for acting teachers and timely promotions,” Macharia said. “However, the Commission can only promote when positions are budgeted and funded by the National Treasury. We urge Parliament to allocate sufficient resources in the upcoming estimates to avoid creating unfunded mandates.”
The Bill also strengthens accountability mechanisms within TSC. It requires the Commission to publish annual reports on acting appointments, promotion vacancies and compliance with the six-month cap. Any teacher denied allowance or extension beyond six months will have the right to appeal to the TSC Appeals Board or the Employment and Labour Relations Court.
Education stakeholders say the reform could improve morale and retention in the teaching service. “Teachers in acting roles often feel undervalued,” said Kenya Secondary Schools Heads Association Chairperson Kahi Indimuli. “When they are paid fairly and promoted on time, they lead schools with greater confidence and commitment. This Bill will benefit learners in the long run.”
Critics, however, warned that without corresponding funding increases, the law could strain TSC’s budget or lead to mass reassignments that disrupt school stability. Some MPs expressed concern that the six-month cap might force premature promotions of underqualified teachers in hard-to-staff areas.
The Bill now heads to the committee of the whole House for clause-by-clause debate and third reading. If passed without major amendments, it will proceed to the Senate before presidential assent.
Teachers across the country have welcomed the development, with many expressing hope that it will finally address years of unpaid extra duties. A primary school headteacher in Kitui who has acted for four years said: “This news gives us hope. We have carried the burden of leadership without the pay. If this becomes law, it will change lives.”
As Parliament prepares to debate the Bill, the focus shifts to whether lawmakers will allocate sufficient funds in the 2026/27 budget to make the acting allowance and timely promotion provisions a reality rather than an unfunded promise.
