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Can a teacher challenge a TSC disciplinary decision?

Teachers Service Commission Act, 2012; Constitution of Kenya · sources read 5 Oct 2026

Yes. Anyone unhappy with a TSC decision made under the TSC Act, including a disciplinary one, can apply to TSC to review it. Employment disputes can also go to the Employment and Labour Relations Court.

Where
Teachers Service Commission (review); Employment and Labour Relations Court
Read the law

Steps

  1. Apply to TSC to review the decision you are unhappy with.
  2. Employment and labour disputes can be taken to the Employment and Labour Relations Court, which has the status of the High Court.
  3. Court papers in a case against TSC are served on the Secretary to the Commission.

Watch out

  • A case against TSC counts as a case against the Government and follows the Government Proceedings Act.
  • After interdiction, TSC can warn, surcharge, suspend for up to 6 months, deregister, retire in the public interest, dismiss or terminate a teacher.
  • A teacher removed from the register can ask TSC to restore their name, but only after 18 months.

Who this covers

  • Any person aggrieved by a TSC decision under the TSC Act
  • Registered teachers, who are subject to the law and regulations of the teaching service
Official sources (2)
  1. Teachers Service Commission Act (Cap. 212, No. 20 of 2012), version of 11 December 2023 new.kenyalaw.org · read 5 Oct 2026
  2. Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026

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