Transfers of teachers within the Teachers Service Commission (TSC) in Kenya are governed by specific procedures and timelines. This comprehensive guide aims to shed light on how and when TSC can transfer a teacher, covering application processes, transfer criteria, timelines, and appeals.
TSC Transfer Application Process
Teachers seeking transfer can initiate the process through the following steps:
- Fill Transfer Application Form: Obtain and fill out the transfer application form, available at TSC offices or downloadable from the TSC website.
- Submission through Head of Institution: Submit the completed form through the head of the institution.
- Processing by TSC: TSC County Director handles transfers within the county, while transfers outside the county are processed at TSC headquarters.
- Acknowledgment of Transfer Request: TSC promptly acknowledges received transfer requests.
- Decision Communication: The Appointment Board communicates its decision to the teacher, granting transfers if vacancies and replacements are available.
Criteria for TSC Teacher Transfers
TSC can transfer a teacher based on various criteria, including:
- Teaching Vacancy: Transfers may occur based on the availability of teaching vacancies in the proposed station.
- Equitable Distribution: TSC emphasizes equitable distribution and optimal utilization of teachers across different regions.
- Staffing Norms: Transfers may be made to replace existing staffing norms, subject to periodic review.
- Medical Grounds: Transfers can occur on medical grounds, certified by a registered medical practitioner.
- Other Justifiable Grounds: TSC reserves the right to transfer teachers based on any other grounds deemed necessary.
Specific Situations Leading to Transfers
Teachers may be transferred in specific situations, including:
- Study Leave: A teacher on study leave for over six months must apply for posting at least thirty days before the study leave expires.
- Leave of Absence for Diplomat Spouses: Spouses of diplomats may apply for posting before the end of the diplomatic assignment.
- Disciplinary Action: Following disciplinary actions, such as interdiction or suspension, lasting up to six months without pay.
- Transfer of Service to PSC: Teachers applying for transfer of service from Public Service Commission to TSC.
- Leaving a Trade Union: Teachers leaving trade unions like KNUT or KUPPET may be transferred.
- Substantive Appointment: Teachers promoted and substantively appointed may be redeployed based on new positions.
- Medical Transfer Application: Teachers can apply for a medical transfer with supporting documentation.
- Hostile Working Conditions: Transfers may occur if working conditions are hostile and endanger the teacher’s health and safety.
- Equitable Distribution Requirements: When there is a need for equitable distribution and optimal utilization of teachers.
- Swoop Requests: Transfers may occur based on reasonable and tenable swoop requests to the TSC.
Transfer of Service
Teachers hired by the Public Service Commission can have their previous service transferred to the new ministry through a formal process.
Transfer Timelines
The timelines for teacher transfers can vary, depending on factors such as urgency, replacement availability, and overall workload at the TSC. While some transfers may be processed within months, others may take longer.
Appeals and Grievances
Teachers dissatisfied with transfer decisions have the right to appeal to the TSC. The commission reevaluates cases, considering additional information provided by the teacher.