2020 TSC Fresh Registration of Teachers: The Implications of Fake Documents to TSC- Employed Teachers, the Kenyan Context
The Implications of Fake Documents for Teachers in Kenya, 2020
In a bid to clean its payroll, the Teachers Service Commission in Kenya, TSC is set to begin registering all teachers afresh soon.
This mass registration of teachers by the TSC will go a long way in ensuring that no person can earn a salary from the Teachers Service Commission or get promoted through fraudulent means.
Some of the documents that teachers will be expected to present include
A copy of the applicant’s national identity card or passport
A duly filled and signed GP 69 Medical form
Relevant academic and professional certificates from recognized learning institutions
KRA PIN Certificate
Passport size photo
Certificate of Good Conduct
So what are the implications of this fresh registration process by the Teachers Service Commission for teachers with fake certificates or documents?
If there will be cases of teachers illegally drawing salaries from the TSC, this will not be the first time that the Commission will be dealing with cases of teachers presenting fake documents and certificates.
In September 2017, a teacher going by the name Lorna Amunga Eshimuli filed a petition against the TSC for dismissing her after she was suspected to have used fake certificates to get promoted.
In case you are found in such a mess, this is what you expect.
TSC Process of handling cases of teachers with fake certificates
Just like any other offence that goes against the TSC Act and Code of Regulations, a case of involving teachers using fake certificates or documents calls for immediate interdiction.
So the first step that the TSC is likely to take is to write the teacher in question a letter of interdiction.
2. Defence within 21 days
The process of interdiction by the TSC may take up to six months. During this time, the TSC shall call upon the accused teacher to come up with a defence within the next 21 days.
It should be elaborate and expound on the reasons as to why the teacher was found in possession of fake certificates or documents.
3. Appearing before a TSC panel
After 21 days, the teacher will be summoned to appear before a TSC panel for the hearing of the case.
At this stage, the teacher will be given enough opportunity to defend his or her allegedly fake documents or certificates by presenting both oral and written evidence.
4. Decision by the TSC panel
After the hearing of the case, the panel will be at liberty to decide on whether the teacher is fit to continue with his or her job or not.
If they find overwhelming evidence against the teacher in possession of fake documents, then s/he will be dismissed and relieved of all his or her duties.
In case, there is a lack of enough evidence, the teacher will be reinstated and continue serving in any Kenyan school.
5. Filing a counter-claim
If the affected teacher is not satisfied with the ruling given by the panel, then s/ he will be free to file a counter-claim against the TSC for the initiation of a new legal battle in court.
What if the teacher wins a legal court case against the TSC involving fake documents?
If a teacher is lucky enough to have the bench look his or her way, then the TSC will be compelled to:
1. Reinstate the affected teacher.
2. Pay him or her all the necessary dues.
3. Pay the teacher disturbance allowance and
4. Cater for all the court expenses and interest.
What if the teacher loses a lawsuit against the TSC involving fake certificates and documents?
On the contrary, if the teacher loses a court case involving fake certificates or documents against the TSC:
1. S/ he shall be deemed unfit for any TSC employments hence get dismissed.
2. S/ he may be ordered to pay back all the salary obtained fraudulently from the TSC.
3. S/he will lose public confidence due to forgery.