TSC Clarifies Age Limit, Hardship Allowance Concerns

The Teachers Service Commission (TSC) has confirmed that teachers can now be employed even at 59 years, following a 2020 court ruling that declared the previous age limit of 45 years unconstitutional.

Appearing before the National Assembly’s Education Committee, TSC officials faced tough questions from lawmakers over teacher welfare, including the classification of hardship areas and the equitable distribution of teachers.

During the session chaired by Committee Vice Chairperson Eve Obara, MPs raised concerns about unfair hardship allowances and poor staffing in rural schools.

MP Phylis Bartoo questioned whether TSC simply accepts directives from the Salaries and Remuneration Commission (SRC) without advising it on teachers’ challenges.

“Do you just accept information from SRC as gospel, or do you advise them on the actual conditions?” she asked.

MP Christine Oduor criticized the disparity where urban teachers in Nairobi receive higher hardship allowances than those in rural areas with no basic infrastructure. Isiolo MP Mumina Bonaya echoed similar concerns, pointing out that rural counties struggle to retain teachers.

“We have schools with learners but no teachers,” she said, urging for clustering of hardship areas based on real conditions.

TSC acting CEO Evaleen Mitei told the committee that while TSC makes recommendations to both the SRC and the National Treasury during collective bargaining, the classification of hardship areas is done by SRC and is binding once received.

The committee also expressed concern over uneven teacher deployment. MP Mary Emaase said some schools had too many teachers while others had none, calling for a nationwide audit to identify gaps. Eve Obara added,

“The reality on the ground is different. Some schools are lagging behind due to teacher shortages.”

In response, TSC affirmed it follows a fair recruitment process guided by the Constitution, with priority given to deploying newly hired teachers in their home counties to boost retention.

MP Rebecca Tonkei raised the issue of unemployed older teachers, urging the TSC to provide data and find ways to absorb them. TSC confirmed that the age limit was lifted in 2020 and that teachers up to 59 years and 11 months are now eligible for hiring.

The commission pledged to collect data on teachers above 45 who are still unemployed and explore options to employ them.

The committee called on TSC to work with SRC and the Public Service Commission to ensure that hardship classifications and salary enhancements reflect actual working conditions faced by teachers.