Teachers who demand sexual favours from students in exchange for passing grades or pocket money, face deregistration under proposed changes to the law governing the teaching profession.
The Teachers Service Commission (Amendment) Bill, 2026, seeks to expand the offences for which a teacher can be deregistered to specifically include ‘sexual exploitation’ among outlawed forms of immoral behaviour.
“‘Sexual exploitation’ includes sexual abuse of learners through exchange of sex or sexual acts for academic grades, pocket money, school fees, learning materials, protection from school punishment, illicit drugs, gifts, food, shelter, and other basics of life,” says the Bill presented to the National Assembly by Majority Leader Kimani Ichung’wah.
“[It] shall include involving learners in creating, accessing, distributing pornographic and sexually explicit materials.”
Other offences listed are sexual intercourse, sodomy, lesbianism, sexual harassment and flirtation with or towards a learner.
Currently, the Teachers Service Commission (TSC) Act provides for a teacher to be removed from its register for immoral behaviour involving a learner, including sexual intercourse or sexual abuse, sodomy, lesbianism, sexual harassment or flirtation.
The Bill, sponsored by the State, therefore seeks to introduce sexual exploitation as a distinct category while retaining the existing offences.
A teacher could also be deregistered for obtaining TSC registration through fraudulent means, being convicted of a sexual offence or another offence against a learner or minor, or being convicted of a criminal offence that renders them unfit to teach.
Forgery, impersonation and presenting forged documents to the Commission would also remain grounds for removal from the register, alongside other conduct incompatible with the teaching profession.
TSC’s code of conduct spells out offences for which the Commission may take disciplinary action against a teacher, and others for which the teacher may be deregistered altogether.
The proposed amendments also introduce a wider list of disciplinary offences which captures cyberbullying – using social media, messaging platforms or other digital platforms to be mean to a child or young person so they feel bad or upset.
Teachers would also face disciplinary action for exposing learners to or supplying them with illicit drugs and psychotropic substances that affect brain chemistry, such as antidepressants and stimulants.
“Submitting forged documents to the Commission to influence decision-making processes… theft of institutional property,” the Bill says.
Other offences that attract disciplinary action include violating procurement regulations, sexual intercourse, sodomy, lesbianism, sexual harassment or flirtation, as well as a love relationship with a learner, and exposing them to pornography and aiding immoral conduct.
They also comprise falsifying or altering official documents or data, negligence of duty, chronic absenteeism, desertion, incitement and insubordination.
Teachers would also face disciplinary action for helping an unregistered person secure employment as a teacher and engaging in other gainful employment while employed by the TSC.
The TSC Act already classifies sexual intercourse, sodomy, lesbianism, and sexual harassment or flirtation as immoral behaviour.
It also lists professional misconduct such as negligence, lateness, chronic absenteeism, desertion, incitement and insubordination.
Drunkenness and fighting, forgery, embezzlement of public funds and other conduct incompatible with the teaching profession are also currently disciplinary offences.
In 2023, the TSC suspended six primary school teachers in Kisii County who were captured in a viral video allegedly forcing children to practise mock sex.
Previously, the commission revealed it had sacked 1,228 teachers between 2012 and 2019 for having sexual relations with students.
A separate Teachers Service Commission (Amendment) Bill, 2024, sponsored by Mandera South MP Abdul Haro, was before the National Assembly for debate in February and March 2026.