Report On The Petition Regarding The Discrimination By Teachers Service Commission On Payment Of Hardship Allowance And Enhanced

A report of Education (Senate)

Published: July 2025 · 13th

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\l\.:l'* Dc (€ L-cil14 ( U, (t -€* ",t g- L t ") 0\ At: J -s "tr^. i) hrt ,,'^lrd ,6 S.=Ie ooi,o I 1 2 0 1 :'f : r- :-_ H q3 lO *dL :-- JI THIRTE $ I 0c1 'l\I1\ ENTH PARLIAMENT (THIRD Stf;i:$e*er Br. rove for tabling You may app c,B,s.' PSC THE SENATE J M.NYEgenye, e/rectetorY' derk ot rh Prtcl .."9 THE STANDING COMMITTEE ON EDUCATION REPORT ON THE PETITION REGARDING THE DISCRIMINATION BY TEACHERS SERVICE COMMISSION ON PAYMENT OF HARDSHIP ALLOWANCE AND ENHANCED HOUSE ALLOWANCE TO SOME \t \,{ 4 October, 202{ 1i'. I :, I ': , r,t ( {'r..r 1., 4q "rr{a ( & ,*k r REPUBLIC OF KENY TEACHERS IN KILIFI COUNTY REeEf\rr D

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Clerk's Chambers, Parliament Buildings. P.O. Box 41842-00100, NAIROBI. API-"iROVED SPEAKER'S OFFICE RT, I..ION.5EN I.I,\SON J. KING I I DATE TABLED BY COMIvIITTEE

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l ABBREVIATIONS AND ACRONYMS PRELIMINARIES .............. Membership of the Com mittee................. Mandate of the Committee................. CHAIRPERSON'S FOREWORD.............. cHAPTER ONE............... l. rNTRODUCTION................ CHAPTER TWO.............. 2, COMMITTEE INQUIRY INTO THE PETITION 3. ANALYSISOFSUBMISSIONS.............. 3.1. Kilili County 3.2. Classification of Hardship Areas and Payment of Hardship Allowance...... 3.3. Payment of Hardship Allowance...... 3.4. Payment of House Allowance CHAPTER FOUR............ 4. COMMITTEE OBSERVATIONS AND RECOMMENDATIONS..... 4.1 Committee Observations 4.2 Committee Recommendations............... Annexures Annex l: Minutes of the Committee Sittings....... Annex 2: Copy of the Petition........... Annex 3: Reports from the Cabinet Secretary, Ministry of Public Service and Human Capital Development Annex 4: Report from the Chief Executive Officer of the Teachers Service Commission Annex 5: Sessional Paper No. 8 of 2012......... Annex 6: The Collective Bargaining Agreement between the Teachers Service Commission, the KNUT, KUPPET and KUSNET ..3 ..4 ..4 ..4 ..5 ..9 ..9 LL LI L2 L2 13 L4 15 17 t7 17 17 19 19 19 19 19 19 19 ) Table of Contents

ABBREVIATIONS AND ACRONYMS Arid and Semi- Arid Lands Collective Bargaining Agreement Kenya National Union of Teachers Kenya Union of Post Primary Education Teachers Kenya Union of Special Needs Education Teachers Salaries and Remuneration Commission Teachers Service Commission ASALs CBA KNUT KUPPET KUSNET SRC TSC I J

PRELIMINARIES The Standing Committee on Education is established pursuant to standing order 228(3) and the Fourth Schedule of the Senate Standing Orders. The Committee is mandated to "Consider all matters related lo education and training. " Membership of the Committee l. Sen. Joe Nyutu, MP 2. Sen. Peris Tobiko, CBS, MP 3. Sen. (Prof) Margaret Kamar, EGH, MP 4. Sen. Johnes Mwaruma, MP 5. Sen. John Kinyua Nderitu, MP 6. Sen. Agnes Kavindu Muthama, MP 7. Sen. Joseph Githuku Kamau, MP 8. Sen. James Kamau Murango, MP 9. Sen. Lenku Ole Kanar Seki, MP Chairperson Vice Chairperson Member Member Member Member Member Member Member Mandate of the Committee Pursuant to the provisions of the Fourth Schedule of the Senate Standing Orders, the Standing Committee on Education is mandated to consider all matlers relating to education and training. 4 The Committee is specifically mandated to- I. investigate, inquire into, and report on all matters relating to the mandate, management, activities, administration and operations of assigned Ministries and departments; 2. study and review all legislation referred to it; 3. study, assess and analyze the relative success of the Ministries and departments based on their results compared to their stated objectives; 4. consider the Budget Policy Statement in line with Committee's mandate; 5. report on all appointments where the Constitution or any law requires the Senate to approve; 6. consider reports of Commissions and Independent Offices submitted to the Senate pursuant to the provisions of Article 254 of the Constitution; 7. examine any statements raised by Senators on a matter within its mandate; and 8. follow-up and report on the status of implementation of resolutions within their mandate.

) CHAIRPERSON'S FOREWORD The Petition concerning the discrimination by Teachers Service Commission on payment of hardship allowances and enhanced house allowance to some teachers in Kilifi County was reported to the Senate on Thursday,2T'h July,2023 by the Speaker of the Senate. The Petition thereafter stood committed to the Standing Committee on Education pursuant to Standing Orders 238 (l), which was required to investigate the prayers raised by the petitioners, and respond to the petitioners by way of a report. During the consideration of the Petition, the Committee held eight (8) meetings and sought information and reports on the issues raised from the Cabinet Secretary, Ministry of Public Service and Human Capital Development and thereafter held two meetings with the Chief Executive Officer of the Teachers Service Commission (TSC) to deliberate on the issues raised in the Petition. The Committee further sought information about Kilifi County from various documents and published information in order to augment the information received from the petitioners and the two stakeholders. The Committee observed that Kilifi County is characterized by shortage of health personnel, inadequate critical working health equipment, infrastructure, health products and technologies. It was also observed that there have been frequent disputes arising from human-wildlife conflicts and land disputes. In Magarini and Ganze sub counties, which border the Tsavo East National Park, elephants have been reported to invade crop farms causing significant damage to crops and leading to food insecurity in these areas. Additionally, the elephants camp near water sources hindering access. Sessional Paper No. 8 of 2012 on the National Policy for the Sustainable Development of Northem Kenya and other Arid Lands designates Kilifi is as an Arid and Semi-Arid Land (ASAL). The County is characterized by rainfall levels between 550-850 mm. Kilifi County faces significant challenges including a poverty rate of 71.7%. The County also faces significant droughts and floods and approximately 67%o of households within the County struggle with food insecurity. The Committee further observed that hardship allowance was introduced after independence to partially compensate public servants working in hardship designated areas and also to compensate public servants due to isolation and separation from their families. This allowance was further provided to compensate for lack of amenities, infrastructure and a challenging environment. The mandate of classifuingand gazetting hardship areas rests with the Ministry of Public Service and Human Capital Development following a weighted criterion. This criterion is based on the parameters such as availability and accessibility of food, portable water, social services and amenities; adequacy of transport and communication services and social economic indicators. 5

During the analysis of stakeholder submissions, the Committee observed that there exist discrepancies in the designation of hardship areas within various sectors of the public service. This poses challenges regarding categorization and payment of the hardship allowances. Additionally, there exists diverse and varied policies, circulars, and guidelines conceming the designation of hardship areas and the payment of hardship allowance. The criterion for designation ofhardship areas in the country has not been standardized across the entirety of the public service and is characterized by multiple sector players. However, there has been an attempt to address challenges regarding the categorization and payment of hardship allowances and to rectiff existing disparities.ln2019, the Ministry of Public Service and Gender established an Inter-Agency Technical Committee which was tasked with examining policies on hardship allowances and streamline payment. The Committee was further informed that the Salaries and Remuneration Commission (SRC) issued an advisory in 2015 on the payment of house allowance for public officers that categorized the Country into four (4) clusters namely; Nairobi, former major municipalities, other former municipalities and other areas. With the foregoing, the Committee recommends that- l) The Ministry of Public Service and Human Capital Development should within sixty (60) days of tabling and adoption of this report, and in consultations with all relevant stakeholders, prepare and present to the Senate for consideration, an appropriate policy and/or statutory instrument on identification and designation of hardship areas; 2) The criteria for identification and designating hardship areas should be standardized across the entirety of the public service. The weighted criterion for designating these areas should be based on the smallest administrative units used in identification of marginalized areas; 3) The Salaries and Remuneration Commission (SRC) should be constantly and continuously reviewing and issuing advisory on payments of house allowances payable to public servants following the change in status of towns and municipalities; 4) Areas of Chonyi, Rabai, Kaloleni sub counties and Uyombo area, Marafiki Island meet the criteria for designation of an area as a hardship area by the Ministry of Public Service and Human Capital Development and consequent payment of hardship allowances to teachers working in those areas; and 5) Teachers in Sabaki Primary and Secondary Schools, Majivuni Primary School and Kibokoni Secondary School, all located in Malindi qualify for an enhanced housing allowance, since they are located in Kilifi and Malindi which are recognized as municipalities. 6 {

I also want to thank the Cabinet Secretary, Ministry of Public Service and Human Capital Development and the Chief Executive Olficer of the Teachers Service Commission (TSC) for their submissions during the consideration of the Petition. As I conclude, I wish to sincerely thank the Members of the Committee for their insightful contributions during the consideration of this Petition and development of the report. The Committee also thanks the Offices of the Speaker and the Clerk of the Senate for the support extended to it in the execution of its mandate. It is now my pleasant duty, pursuant to standing order 238 (2) of the Senate Standing Orders, to present the Report of the Standing Committee on Education on Petition conceming the discrimination by Teachers Service Commission on payment of hardship allowances and enhanced house allowance to some teachers in Kilifi County. I thank vou Signed q\(-Lk .......Date. SEN. JOE NYUTU, MP CHAIRPERSON STANDING COMMITTEE ON EDUCATION 7 I On behalf of the Committee, I wish to sincerely thank the Kenya National Union of Teachers (KNUT) Kilifi Branch and the Kenya Union of Post Primary Education Teachers (KUPPET) Kilifi Branch for reporting this Petition to the Senate and for their well- researched and articulate submissions.

CHAPTER ONE I. INTRODUCTION Article l19 of the Constitution provides every person has a right to petition Parliament on any matter within its authority including seeking enacting, amending or even repealing of legislation. Petition to Parliament (Procedure) Act, 2012 provides for the right to petition Parliament, the procedure to exercise that right and the enhancement of public participation in the parliamentary and legislative processes. 2. Every petition presented to the Senate stands committed to the relevant standing committee for consideration. Standing Order 238(2) of the Senate Standing Orders requires a committee to which a petition is committed, to respond to the petitioner by way of a report addressed to the petitioner and laid on the table of the Senate. 3. The petition concerning the conceming the discrimination by Teachers'Service Commission on payment of Hardship Allowances and enhanced House Allowance to some teachers in Kilifi County (Annex 2) was presented to the Senate pursuant to the provisions of Standing Order 238( I ) of the Senate Standing Orders on Thursday, 27th llly,2023 by the Speaker ofthe Senate. 4. The salient issues raised in the Petition are that- l) on l3th July,202l, the Teachers' Service Commission (TSC) signed a Collective Bargaining Agreement (CBA) with the Kenya National Union of Teachers (KNUT), the Kenya Union of Post Primary Education Teachers (KUPPET) and Kenya Union of Special Needs Education Teachers (KUSNET) where the Commission promised to promote teachers serving in Arid and Semi-Arid Lands (ASALs) and hard to staff areas by issuing hardship allowances until they reach grades that are commensurate to their respective positions; 2) in Kilifi County, the TSC listed only Magarini and Ganze sub-counties in Kilifi County as hardship areas allowing teachers to benefit from the hardship allowance, leaving out Chonyi, Rabai Kaloleni sub-counties, Uyombo area and Marafiki Island; and 3) Mtwapa and Mariakani towns are categorized under reserve areas for teachers to draw enhanced house allowance under category 4, under other areas, as per the Salaries and Remuneration Commission (SRC) clusters of teachers'work stations while the teachers' pay high rates of rent occasioned by the towns being major touristic sites. 8

5. The petitioners prayed that the Senate investigates the matter with a view to- l) effect inclusion of Chonyi, Rabai and Kaloleni sub counties, Uyombo area and Marafiki island in Kilifi County as hardship areas to enable teachers working in these areas to benefit from hardship allowance; 2) initiate inclusion of all schools in Malindi Municipality including Sabaki Primary School, Sabaki Secondary School, Majivuni Primary School and Kibokoni Primary School for teachers to receive enhanced house allowance under category 2, former major municipalities, as per the Salaries and Remuneration Commission (SRC) clusters of teachers'work stations; and 3) initiate inclusion of Mtwapa and Mariakani towns as major municipalities to allow teachers working there to draw an enhanced house allowance of category 2 under major municipalities. 9

CHAPTER TWO 2. COMMITTEE INQUIRY INTO THE PETITION 6. During the consideration of the Petition, the Committee resolved to seek information and comprehensive reports on the issues raised from the Cabinet Secretary, Ministry of Public Service and Human Capital Development (Annex 3) (Report from the Cabinet Secretary, Ministry of Public Service and Human Capital Development) and the Chief Executive Officer of the Teachers Service Commission (TSC) (Annex 4) (Reportfrom the Teachers Service Commission). 7. The Committee held two meetings with the TSC and was informed that the TSC has no legal mandate to gazette any area as a hardship area. However, under Regulation 9l of the Code of Regulations for Teachers, the TSC is mandated to pay hardship allowance to teachers who qualify or in designated areas. The Committee further considered written submissions from the Ministry of Public Service and Human Capital Development and observed that the Ministry has a weighted criterion for designating hardship areas. 8. The Committee was further informed that the Salaries and Remuneration Commission (SRC) is the legally mandated institution to advise on remuneration and benefits of public officers including the teaching service. In exercise of this mandate SRC issued an advisory in 20 l5 on payment of House Allowance and categorized the Country into four (4) clusters namely, Nairobi, former Major Municipalities, other former municipalities and other areas. Accordingly, teachers receive house allowance under their respective cluster. 9. The Committee was further informed that whereas, Kilifi Township was gazetted as a municipality in March 2019, the SRC did not review or render an advisory on the review of house allowance payable until 3 I't July, 2023. l0.Following consideration of the written submissions fiom the Cabinet Secretary, Ministry of Public Service and Human Capital Development, the Committee resolved to invite the Cabinet Secretary to a meeting of the Committee to provide clarification and respond to supplementary issues on the matter raised in the Petition. However, the Cabinet Secretary vide letters dated 6th May, lOth June, and lTth September,2024 informed the Committee that consideration of the report on the review of all hardship areas and attendant harmonization of the hardship allowances across the public service was still pending and that it would be availed upon gazettement. l l0

CHAPTER THREE 3. ANALYSIS OF SUBMISSIONS 3.1. Kilifi County I LKilifi County, covers a total area of 12,609.7km2 and borders Kwale County to the South West, Taita Taveta County to the West, Tana River County to the North, Mombasa County to the South and Indian Ocean to the Eastr. The population of Kilifi County is 1,453,787 people, with a Poverty Headcount Rate of 45.2Yo against a national average of 34.4o/o2 . l2.The County is characterised by shortage of health personnel with a doctor: population ratio standing at l:10,000 and the nurse: population ratio standing at l:2,500. There is inadequate critical working health equipment, infrastructure and insufficient health products and technologies (HPTs) limiting specialized service provision. There has also been disputes arising from human-wildlife conflicts, land disputes, human encroachment in riparian areas and inadequate water. l3.ln Magarini and Ganze sub counties which border the Tsavo East National Park, elephants have been reported to invade crop farms causing significant damage to crops3 and leading to food insecurity in these areas. Additionally, the elephants camp near water sources hindering access. l4.Sessional Paper No. 8 of 2012 on the National Policy for the Sustainable Development of Northem Kenya and other Arid Lands designates Kilifi is as an Arid and Semi-Arid Land (ASAL) (Annex 5) (Sessional Paper No. 8 of 2012 on the National Policy for the Sustainable Development of Northern Kenya). The County is characterized by rainfall levels between 550-850 mm. Kilifi County faces significant challenges including a poverty rate of 71.7%. The County also faces significant droughts and floods and approximately 670/o of households within the county struggle with food insecurity. 15. Currently, the State Department for the ASALS and Regional Development that was established through Executive Order No. I of October, 2022, is responsible for gazetting areas as Arid or Semi-Arid Lands (ASALs). The Department also mainstreams development issues of Arid and Semi-Arid Lands (ASALS) and coordinates and implements investment for long term sustainable development. ll I ' Kilifi County Govemment County Integrated Development Plan 111,2023 - 2027 2 Kenya Poverty Report. 2023. Kenya National Bureau of Statistics I Kilifi County - 2023 Long Rains Food and Nutrition Security Assessment Report. htto:/i knowledgeweb.ndma.go.ke/Content/LibraryDocuments/Kilifi_long_Rain_Assessment 20232023092 I 162547. pdf

l6.However, the gazettement of an area or county asASAL does not automatically qualiS it for receiving hardship allowance by public servants. The criteria for designating an area as ASAL and a hardship area may not align as, while the criteria for designating an area as a hardship area for the purpose of receiving hardship allowance are defined, the criteria for designating an area as ASAL remain unclear. l7.On l3th luly,202l, the Teachers Service Commission (TSC) signed a Collective Bargaining Agreement (CBA) with the KNUT on regulating the terms and conditions of employment of teachers in the public service (Annex A Qhe Collective Bargaining Agreement between the KNUT KUPPET KUSNET and the TSC). The agreement was established to foster quality advanced teaching standards, harmonious industrial relationship between parties and protection of the leamers' interests and highlighted issues among them promotion and payment of hardship allowance. The agreement was to commence on I't Jlly,202l and be in place for four years, up to 30th Ju|y,2025. lS.Petitioners averred that, in Kilifi County, the TSC listed only Magarini and Ganze sub-counties in Kilifi County as hardship areas allowing teachers to benefit from the hardship allowance, leaving out Chonyi, Rabai Kaloleni sub-counties, Uyombo area and Marafiki Island all of whom qualified to be paid hardship allowances as per legal Notice No. 534 of 1997, and the CBA. 20. The mandate of classi$ing and gazetting hardship areas rests with the Ministry of Public Service and Human Capital Development. As outlined by the Ministry, the weighted criterion for designating hardship areas is based on the following parameters: a) limited availability and accessibility of food; b) limited access to potable water; c) inadequate transport and communication services; d) limited availability of socialservices and amenities; e) harsh climatic conditions; f) insecurity and high possibility ofsecurity threats; and g) social economic indicators such as poverty index from Kenya National Bureau of Statistics (KNBS). t2 A 3.2. Classification of Hardship Areas and Payment of Hardship Allowance l9.Hardship allowance was introduced after independence to pa(ially compensate public servants working in hardship designated areas. This allowance was granted as an inducement to work in zones which were pa(icularly seen as difficult and also to compensate public servants due to resultant isolation and separation from their families. This allowance was further provided to compensate for lack of amenities, infrastructure and a challenging environment.

2l . In its response to the Petition, the TSC indicated that there are thirty-four (34) areas designated as hardship areas for teaching service. However, the legal notice No 534 which was attached in these submissions, annexed to this report, listed only twenty- five (25) areas. This lack of coherence and consistency in identifying and defining hardship areas across the teaching service poses challenges regarding the categorization and payment of hardship allowances. However, the TSC informed the Committee that it has no legal mandate to gazette any area as a hardship area, but, under Regulation 9l of the Code of Regulations for Teachers, the TSC is mandated to pay hardship allowance to teachers who qualify in the designated areas. 3.3. Payment of Hardship Allowance 22.The Committee observes that there exist discrepancies in the designation of hardship areas within various sectors of the public service. The mismatch in payment of hardship allowance has the effect of frequent calls for industrial action by unions, citizen petitions to parliament, reduced employee morale, staff shortage and high turnover due to transfers, resignation, desertion and inability to attract qualified personnel in identified hard-to-staff areas. This will in the long run increase the disadvantage of hardship areas, otherwise known as hard-to-staffareas in terms of access to government services, manpower and socio-economic development, which leads to further marginalisation, poverty and inequalities. 23. There exists diverse and varied policies, circulars, and guidelines concerning the designation of hardship areas and the payment of hardship allowance. For instance, the Ministry of Public Service and Human Capital Development infbrmed the Committee that hardship areas were increased from thirty-six (36) to forty-four (44) designated hardship areas for teaching service in 2005. However, there was no evidence in form of a policy document or circular provided to confirm how the revision was realised. Indeed, the Ministry attached a document written Appendix I which appeared to be extracted from page 9 of another document that was not availed to the Committee. 24.The criterion for designation of hardship areas in the country has not been standardised across the entirety of the public service and is characterised by multiple sector players. Howeveq the designated hardship areas do not reflect the extensive presence in remote areas and rural locations which surpass the number of other cadres in public service. 25.There has been an attempt to address challenges regarding the categorisation and payment of hardship allowances and to rectify existing disparities. The Ministry of Public Service and Gender established an Inter-Agency Technical Committee in 2019 which was tasked with examining policies on hardship allowances and streamline payment. 13 l

26.This Inter-Agency Technical Committee comprised of representatives from the Ministry of Public Service and Human Capital Development, Ministry of Interior and Coordination of National Govemment, Ministry of Education, the National Treasury and Planning, the Judiciary, Public Service Commission, Teachers Service Commission, Salaries and Remunerations Commission, Commission on Revenue Allocation, the Kenya Bureau of Statistics (KNBS) and the Council of Govemors. 3.4. Payment of House Allowance 2T.According to Article 230 of the Constitution, the Salaries and Remuneration Commission (SRC) is mandated to advice on remuneration and benefits of Public Officers, including teachers. One such benefit is house allowance that is provided to public officers to cater for accommodation or rent in addition to the wages or salary of the employee pursuant to the Employment Act 2007 Section 3l(l). Teachers under permanent and pensionable terms are paid house allowance based on the job group, working conditions and status of town and geographical area. 28. The Urban Areas and Cities Act of 20 I I provides a framework for classifying areas as urban areas, towns. cities, or municipalities. To elevate a municipality to city status, the President can grant this through a charter, following a resolution from the Senate, provided the municipality meets specific criteria. 29.An area may also be designated as a special purpose city under the Act if it holds significant cultural, economic, or political importance. For a town to be conferred with municipal status, the county assembly must pass a resolution and the County Governor can then grant this status through a charter, provided the town meets established criteria. 30. The set-out criteria and obligations include meeting the population quota, produce an integrated development plan, have demonstrable revenue generation and collection potential, have capacity to effectively and efficiently deliver essential services to residents and have requisite infrastructure. 31. Despite the clear fiamework for classifying and upgrading urban areas outlined in the Act, there was a delay in implementing related administrative actions. For instance, while Kilifi Township was officially gazetted as a municipality in March 2019, the SRC did not provide advisory on the house allowance payable until July 31,2023. This gap highlights a lag between the enactment of legislative framework for classification as a municipality and the timely administrative follow-up necessary for the effective implementation of benefits and adjustments. r. t4

32.[n2019, Kilifi Township was upgraded to the status of municipality suggesting that house allowance should be based on the provisions outlines in the circular issued by the SRC in 2015 detailing guidelines on rates of payment of house allowance. However, the TSC neglected payment of requisite house allowance to the teachers in Kilifi Township until 3l't July,2023 when SRC rendered an advisory on the review of house allowance. Nonetheless, the TSC commenced harmonisation of the house allowance payable in two phases with full harmonisation expected to be realised on I't July, 2024. l l5

CHAPTER FOUR 4. COMMITTEE OBSERVATIONS AND RECOMMENDATIONS 4. I Committee Observations 33.Following extensive deliberations and analysis of the submissions on the issues raised in the Petition, the Committee observes that- a. There exist diverse and varied policies, circulars, guidelines and inconsistent criterion in the designation of hardship areas which have led to discrepancies and mismatch in payment of hardship allowances; b. Payment of hardship allowances is not standard across the entirety of the public service and is characterized by separate categories of designated hardship areas covering the public service. This has consequently resulted in reduced employee morale, staff shortage, resignation, desertion and inability to attract teachers in hardship areas, otherwise known as hard-to-staff areas; c. Whereas, the Ministry of Public Service established an Inter-Agency Technical Committee to examine policies on hardship allowances and streamline payment of hardship allowance, the report of the said Committee has not been availed for implementation; and d. Whereas, in2019, Kilifi Township was upgraded to the status of municipality in 2019, the TSC neglected payment of requisite house allowance to the teachers in the Township until 31't July, 2023 when SRC rendered an advisory on the review of house allowance. Nonetheless, the TSC commenced harmonisation of the house allowance payable in two phases with full harmonisation expected to be realised on l't July, 2024. 4.2 Committee Recommendations 34. With the foregoing, the Committee therefore recommends the following- l) The Ministry of Public Service and Human Capital Development should, within sixty (60) days oftabling and adoption this report, and in consultations with all relevant stakeholders, prepare and present to the Senate for consideration, an appropriate policy and/or statutory instrument on identification and designation of hardship areas; 2) The criteria for identification and designating hardship areas should be standardized across the entirety of the public service. The weighted criterion for designating these areas should be based on the smallest administrative units used in identification of marginalized areas; 3) Areas of Chonyi, Rabai, Kaloleni sub counties and Uyombo area, Marafiki Island meet the criteria for designation of an area as a hardship area by the Ministry of Public Service and Human Capital Development and consequent payment of hardship allowances to teachers working in those areas; l6 I

4) The Salaries and Remuneration Commission (SRC) should be constantly and continuously reviewing and issuing advisory on payments of house allowances payable to public servants following the change in status of towns and municipalities; and 5) Teachers in Sabaki Primary and Secondary Schools, Majivuni Primary School and Kibokoni Secondary School, all located in Malindi qualifu for an enhanced housing allowance, since they are located in Kilifi and Malindi which are recognized as municipalities. , t7

Annexures Annex l: Annex 2: Annex 3: Annex 4: Annex 5: Annex 6: Minutes of the Committee Sittings Copy of the Petition Reports from the Cabinet Secretary, Ministry of Public Service and Human Capital Development Report from the Chief Executive Officer of the Teachers Service Commission Sessional Paper No. 8 of 2012 The Collective Bargaining Agreement between the Teachers Service Commission, the KNUT, KUPPET and KUSNET A r8

ANNEX 1 Minutes of the Committee Sittings

.iEl.=-"""===,-{. MINUTES OF THE THIRTY.SEVENTH (37TH) MEETING OF THE STANDING PRESENT l. Sen. Joe Nyutu, MP 2. Sen. Agres Kavindu Muthama, MP 3. Sen. John Kinyua Nderitu, MP 4. Sen. Johnes Mwaruma, MP 5. Sen. James Kamau Murango, MP APOLOGIES l. Sen. Peris Tobiko, CBS, MP 2. Sen. (Prof.) Margaret Kamar, EGH, MP 3. Sen. Lenku Ole Kanar Seki, MP 4. Sen. Joseph Githuku Kamau, MP SENATE SECRETARIAT l. tr4r. Humphrey Ringera 2. Ivk. Crispus Njogu 3. Ms. Doris Obure 4. Ms. Njeri Manga 5. Mr. Jackson Wekesa 6. Mr. Simon Muinde 7. Mr. Robert Tonkei 8. Mr. Jahzeal Obara

Chairperson
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The meeting was called to order at fifteen minutes past noon and the proceedings commenced with a word of prayer said by Sen. Joe Nyutu, MP. MIN/SEN/SCEII9II?O}4 ADOPTION OF TTIE AGENDA The agenda of the meeting was adopted with amendments having been proposed by Sen. Agnes Kavindu Muthama, MP and seconded by Sen. John Kinyua Nderitu, MP as follows: l. Prayer; 2. Adoption of the Agenda; 3. Consideration and Adoption of Committee Reports on the following petitions (Committee Paper No. 071) - T 5l r' 4 COMMITTEE ON EDUCATION HELD ON THURSDAY. 26TH SEPTEMBER. 2024 IN COMMITTEE ROOM 8. FIRST FLOOR. BUNGE TOWER AT 12:00 NOON. MIN/SEN/SCE/190/2024

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PRELIMINARIES

a) discrimination by the Teachers Service Commission with regard to payment of hardship allowance and enhanced house allowance to some teachers in Kilifi County; and b) discrimination in payment of hardship allowance to some teachers in Taita Taveta County. 4. Any Other Business; and 5. Adjournment /Date of the Next Meeting. CONSIDERATION AND ADOPTION OF COMMTTTEE REPORTS ON PETITIONS l. The Committee Secretariat presented a Committee Paper No.071on the Reports of the two petitions that were pending before it and whose consideration had been concluded by the Committee. These petitions are on- a) the discrimination by the Teachers Service Commission with regard to payment of hardship allorvance and enhanced house allowance to some teachers in Kilifi County; and b) the discrimination in payment of hardship allowance to some teachers in Taita Taveta County. 2. The Committee considered the rcports on the petitions and resolved to amend the report to the petition on discrimination in payment of hardship allowance to some teachers in Taita Taveta to inchrde the smallest administrative units of Taiti Sub Countv. Taveta Sub county and Ronge Zone of Mwatale Sub County. 3. llhe two Reports on the petitions were unanimously adopted aller being proposed by' Sen. Jotrn Kinyua Nderitu, MP and Seconded by Sen. Agnes Kavindu Mutharnir. N'lP. MIN/SEN/SCE/19312024 ANY OTHER BUSINESS 1. 'fhe Cornmittee resolved to conduct County Oversight and Nerworking Engagement in M\ang'a and Kirinyaga counties and noted that there is limited time for such visits bbserving that schools were scheduled to take their Christmas breaks early due to the scheduled national examinations; and 2. 'fhe Committee directed the Secretariat to commence arrangement for a foreign visit to be undertaken by the Comrrrittee in advance aw'are of the limited resources arrd the need to plan early to avoid last minute rush that would escalate the travel expenses. MIN/SEN/SCEI194I2O24 AD.IOURNMENT AND DATE OF THE NEXT MEETING There being no other business, the meeting was adjourned thirty-five minutes past noon The Committee resolv o hold the next meeting on notice \ (, I ?ax (CHAIRPERSON: SE SIGNEI) .', norn.;.:l'{.1 N. JOE'NYUT U M.P. MIN/SEN/SCE/I92l2024

€!:H. S OF THE THIRTY-FOURTH (34TE) MEETING OF THE STANDING MINUTE TUESDAY 3OTH JULY 2024 lN COMMITTEE ON EDUCATION HELD ON OMN{ITTEE ROOM 8. FIRST FLOOR. BUI{GE TOWER AT 12:00 NOON. t- o PRESENT 1. Sen. Joe NYutu, MP 2. Sen. Peris Tobiko, CBS, MP 3. Sen. @rof.) Margaret Kamar, EGH, MP 4. Sen. Agnes Kavindu Muthama, MP 5. Sen. John KinYua Nderitu, MP 6. Sen. Johnes Mwaruma, MP APOLOGIES 1. Sen. James Kamau Murango, MP 2. Sen. Lenku Ole Kanar Seki, MP 3. Sen. Joseph Githuku Karnau, MP SENATE SECRETARTAT

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-Legal Counsel

Audio and Hansard Officer
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Legal Counsel (Attachd)

PRELIMINARIES 1. Mr 2. Mr 3. Ms 4. Mt 5. Mr 6. Ms 7, MI, 8. Ms Humphrey Ringera Crispus Njogu Doris Obure Jackson Wekesa Simon Muinde Valarie Chemweno Robert Tonkei Sinti Sission MIN/SEN/SCEIl72/2024 as follows: l. Prayer; 2. Adoption of the Agenda; 3. Confirmation of Minutes of the previous meetings- a) Minutes of the 3l't meeting held on 25th June' 2024, i) Minutes i7tt , SSil meeting held on 25h July, 2021; 1 \ ' The meeting was called to order at twenfy minutes past noon and the proceedings commenced with a word of prayer said by Sen. Peris Tobiko, CBS, MP' MIN/SEN/SCE/173/2024 ADOPTION OFTHB AGENDA @wasadoptedwithamendmentshavingbeenproposedbySen' Agnes'Kavindu Muthama, MP and seconded by Sen. (Prof.) Margret Kamar, EGH, MP

c) Minutes of the 8h meeting held on 8h March' 2024; i1 Mrnutes i|tn" O* meeting held on 9d.March, 2024; and i1 Mtn trt i|th" t7'h meeting held on 9th March, 2024' 4. Matters arising from the Minutes; 5. Consideration and adoption of reports of the Committee on the petitions on- (Committee PaPer No. A6l - u)' discrimination by the Teachers Service Commission ivith regard to payment of hardship allowance and enhanced house allowance to some teachers in I(ilifi CountYl and b) discrimination in payment of hardship allorvance to some teachers in Taita Tavetz CountY. 6. Any Other Business; and 7. Adjournm ent lDate of the Next Meeting' N{IN/SEN/SCEl174/2024 CONFIRMATION OF MII{UTES OF TTIE PREVIOUS MEETINGS a) The Minutes of the 33'd meeting held on 25m Juiy, 2024 were confirmed as a true record of the deliberatiols after being proposed by Sen. (Prof.) I\4argaret Kamar, EGH, MP and seconded by Sen. Agnes Kavindu Muthama, MP; b) The Minutes of the 8e meeting held on 8ft March, 2024 in Taita Taveta County were confirmed as a true record of the deiiberations after being proposed by Sen' Agnes Kavindu Muthama, MP and seconded by Sen. Johnes Mwaruma, MP; c) The Minutes of the 9ft meeting held on 9s March, 2024 in Taita Taveta county were confirmed as a true record of the deliberations after being proposed by Sen. Agnes Kavindu Muthama, MP and seconded by sen. Johnes Mwaruma, MP; and d) The Minutes of the 10m meeting held on 10ft March, 2024 inTaitaTaveta county were confirmed as a true record of the deliberations after being proposed by Sen. Agnes Kavindu Muthama, MP and seconded by Sen' Johnes Mwaruma' MIN/S EN/S cBl175/2024 MATTERS ARISING Ex- MIN/S E N/S C E/ 1 6 9 /2 0 2 4 : Considerution of the report of tlte Parliamentary Budget AfJice on Budget Implementation in the education sector The Committee resolved to develop a workplan for the Committee activities that would include the oversight county visits to counties with low budgetary allocations to the education sector ru"li* Nandi, Embu and Nairobi and to acquaint the Committee with implementation status of Early Childhood Development Education (ECDE) policies in those counties. MIN/SE N/SCE/176/2024 CONSIDE RATION AND ADOPTION OF COMMITT EE REPORTSON PETITIONS 1. The committee Secretariat presented committee Paper No.067 on petitions before the Committee. These petitions are on- 2 the pending I

F a) the discrirnination bY the Teachers Service Commission with regard to payment of hardship allowance and enhanced house allowance to some 2 teachers in Kilifi CountY; and b) the discrimination in payment of hardship allowance to some teachers in Taita Tavetacounty. meetingwith the Distance, open, and E-Leaming Practitioners of Kenya. The Committee considered the reports on the petitions and observed that- a) There exists delays in issuance of circulars, policies and advisories by the salaries and Remuneration commission (SRC) to the Ministries, Departments and Government Agencies on current compensation levels and trends which leads to possible zurears to employees; and b) The ,.port, should indicate the situation analysis of the areas as mentioned in ' ttre peiitions and clearly demonstrate how they meet the criterion to be classified as hardship areas in line with the prayers by the petitioners. Following deliberations, the Committee resolved to- a) iniite the Teachers Service Commission (TSC) and the Salaries and Remuneration Commission (SRC) to a meeting of the Committee to deliberate on the tirneiy issuance of circulars, policies and advisories to the Ministries, Departments and Government Agencies and their attendant implementation; b) foliorv up with the TSC on the implementation of the payment of enhanced house allowance to teaches in Kilifi county following a review by sRC in upgrade from Kilifi Township to municipalify status in20l9 in which they had r.port.a to pay in two phases in July, 2023 with full harmonization to be realized in JulY 2024; and c) Revierv the recommendations of the Committee reports to include the specific areas as mentioned in the petitions to cater the prayers of the petitioners for consideration and adoption in the next meeting. J 3 O There being no other business, the meeting was adjourned fifteen minutes past two o'clock. thi Committee resolved to hold the next meeting on notice' :;t;:-- ),,-,..... DATE .1 o1 SIGNED 3 MIN/SEN/SCE/177l2024 ADJOURNMENT AND DATE OF THE NEXT MEETING v hs.- (CHAIRPERSON: SEN. JOE NYUTU. M'P.)

€r=-=-:. HE TWENTIETH (2OTH) MEETING oFTHESTANDING MINUTES OF T ON TUESDAY 7TH MAY 2024 AT 12:00 CON{MITTEE ON EDUCATION HELD PM IN COMN{ITTEE ROOM 8 FIRST FLOO BUNGE TOWE PARLIAME NT BUILDINGS. PRESENT 1. Sen. Peris Tobiko, CBS, MP 2. Sen. Agnes Kavindu Muthama, MP 3. Sen. Johnes Mwaruma, MP ABSENT WITH APOLOGY

Vice-Chairperson
Member
Member

o 3 1. Mr 2. Ms 3. Mr 4. \/Ir 5. Ms 6. Mr. 7. Ms 8. Mr. Joe Nyutu, MP (Prof.) Margaret Katnar, EGH, MP Joseph Githuku Kamau, MP John Kinyua Nderitu, MP Lenku OIe Kanar Seki, MP James Kamau Murango, MP SENATE SECRETARIAT 1. Sen 2. Sen 3. Sen 4. Sen 5. Sen 6. Sen

Chairperson
Member
Member
Member
Member
Member

Humphrey fungera Doris Obure Jackson Wekesa Simon Muinde Valarie Chemweno Robert Tonkei Angelica Wachira John Chege

Senior Research Officer
Clerk Assistant III
Legal Counsel II
Audio and Hansard Officer
Research Officer III
Research Officer III
Protocol Officer
Sergeant-At-Arms

MIN/SE NtscBl097/2024 PR-ELIMINARIES The meeting was called to order at fifteen milutes past fwelve and the proceedings commenced with a word of prayer said by Sen' Johnes Mwaruma, MP' MIN/SEN/SCE/098/2024ADQPTIONoFTHEAGENDA @gwasadoptearravirrgbeenproposedbySen.AgnesKavindu Muthima, MP, and seconded by Sen. Johnes Mwarum4 MP as follows: l. Prayer; 2. Adoption of the Agenda; 1

3. Confr-rmation of the Minutes of the l9s meeting of the Committee 4. Matters arising from the Minutes; 5. Meeting tvith the Cabinet Secretary, Ministry of Public Service, Perfonnance and Delivery Management to deliberate on the pending petitions (Committee Paper No.057); 6. Any Other Business; and 7. Adjournment lDate of the Next Meeting. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETINGS i\{ANAGEMENT a) The Cornmittee secretariat presented Committee Paper No. 057 irforming the Committee on the pending petitions on the discrimination in payment of hardship allowance to teachers in Taita Taveta and Kilifi Counties; b) The Cornmittee was informed that the Cabinet Secretary, Ministry of Public Service, performance and Deiivery Management had been invited to respond to the issues raised in the two petitions. However, the Cabinet Secretary vide a letter Ref No: MPSG&DN{/3/7 dated 6h May, 2024 informed the Committee that the Ministry had formally lodged the matter with the Salaries and Remuneration Commission (SRC) Inter Agency Committee who were scheduled to have a meeting on 7s May to adopt the Report; c) The Cornmittee observed that the frequent Cabinet Secretary, Ministry 'of Public Management continuous to delay the expeditious disposal of the petitions pending before the Committee; d) Foilowing consideration of the request, the Committee resolved to invite the Cabinet Secretary, Public Service, Performance and Delivery Management to a meeting of the Committee at the expiry of seven (7) days to deliberate on the issues raised in the petitions and present the report of the Inter Agency committee formally. MIN/SEN/ scBll0212024 ANY OTHER BUSINESS The Committee directed the Secretariat to explore possibilities of holding a joint retreat with the Council of Govemors to deiiberate on the piight of Early Childhood Development Education (ECDE) teachers in the Counties, the implementation of the ECDE poiicies in the counties and the infrastructural development in the ECDE centres; and postponement and unavailability of the Service, Performance and DeliverY 1 2 M I N/S En-/S CEI 09 9 I 2 02 1 The Minutes of the 19ft meeting held on 256 April, 2024 were confirmed as a true record of the deliberations after being proposed by Sen. Agnes Kavindu Muthama, MP and seconded by Sen. Johnes Mwaruma, MP' I\{IN/SEN/S CE/ I OO /202 4 MEETING WITH THE CABINET SECRETARY. NTINISTRY OF PUBLIC SERVICE. PERFORMANCE AND DELIVERY

other business, the meeting was adjourned forff-five minutes past noon resolved to hold the next meeting on notice' There being no The Committee SIGNED: 0 DATE ON: SEN. JOE NYUTU M.P 4r^tr, """'\""""'I' o ) 3 2. The Committee resolved to invite the Teachers Service Commission to a meeting of the committee to respond to statements regarding the provision of medical insurance to teachers in Taita Taveta County, the implementation of Disability Guide Allowance and the welfare of teachers on fixed term contracts' MIN/SEN/SCE/103/2024Ap-.Lo-USITMENTANDDATEoFTHENEXT MEETING

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MINUTES OF THE NINETEETH MEET TNG OF THE STANDING COMMITTEE ON EDUCATION HELD ON THURSDAY. 25TH APRIL. 2024 AT 12:00 PM IN COMMITTEE ROOM5 FIRST FLOOR MAIN PARLIAMENT BUILDINGS. PRESENT SENATE SECRETARIAT Joe Nyutu, MP Peris Tobiko, CBS, MP (Prof.) Margaret Kamar, EGH, MP Joseph Githuku Kamau, MP Agnes Kavindu Muthama, MP Johnes Mwaruma, MP Humphrey Ringera Doris Obure Jackson Wekesa Valarie Chemweno Lexxie Mumo

Chairperson
Vice-Chairperson
Member
Member
Member
Member
Member
Member
Member
Research Officer I
Clerk Assistant III
Legal Counsel II
Research Officer III
Audio Officer (Intern)

1. Sen 2. Sen 3. Sen 4. Sen 5. Sen 6. Sen l. Mr 2. Ms 3. Mr 4. Ms 5. Ms MIN/S EN/SCE/091/2024 ADOPTION OF THE AGENDA The agenda of the meeting was adopted having been proposed by Sen. Agnes Kavindu Muthama, MP, and seconded by Sen. Joseph Githuku Kamau, MP as follows: 1 t.tr Or 7 { srt ABSENT WITH APOLOGY 1. Sen. Lenku Ole Kanar Seki, MP 2. Sen. James Kamau Murango, MP 3. Sen. John Kinlua Nderitu, MP C MIN/SEN/SCE/O9O/2024 PRELIMINARIES The meeting was called to order at fwenty-five minutes past twelve and the proceedings commenced with a rvord of prayer said by Sen. Agnes Kavindu Muthama, MP.

l. Prayer; 2. Adoption of the Agenda; 3. Confirmation of the Minutes of the Previous Meetings- a. Minutes of the 4'h sitting held on 27th February, 2024; and b. Minutes of the tSth sitting held on l8h April, 2024 4. Matters arising from Minutes of the Previous Committee Meetings; 5. Meeting with the Cabinet Secretary, Ministry of Public Service, Performance and Delivery Management to deliberate on the pending petitions (Committee Paper No. 057); 6. Consideration and Adoption of the Committee Report on the Early Childhood Education (Amendment) Bill (Senate Bills No. 54 of 2023) (Committee Paper No. 56); 7. Any Other Business; and 8. Adjournment /Date of the Next Meeting. MIN/SEN/SCE/092/2024 CONFIRMATION OF MINUTES OF THE PREVIOUS MEETINGS 1. The Minutes of the 4th meeting held on 27th February,2024 were confirmed as a true record of the deliberations after being proposed by Sen. Agnes Kavindu Muthama, MP and seconded by Sen. Joe Nyutu, MP; and 2. The Minutes of the 18th meeting held on 18th April, 2024 were confirmed as a true record of the deliberations after being proposed by Sen. Peris Tobiko, CBS, MP and seconded by Sen. Joseph Githuku Kamau, MP. MIN/SENiSCEIO93/Z0Z4 MATTERS ARISING FROM MINUTES OF THE a) The Committee secretariat presented Committee Paper No. 057 on the pending petitions on the discrimination in payment of hardship allowance to teachers in Taita Taveta and Kilifi Counties and informed Members that the Cabinet Secretary, Ministry of Public Service, Performance and Delivery Management had been invited to respond to the issues raised in the two petitions; 2 PREVIOUS MEETINGS Ex-MIN/SEN/SCE/087/2024 - The Comrnittee resolved to hold a consultative retreat rvith the Intergovernmental Relations Technical Committee (IGRTC), from 9th to 12th May, 2024 to deliberate on the Bills in the Senate that require further intervention, the mandate, roles and functions of the IGRTC; emerging issues on devolution, transfer of functions and intergovernmental relations; and priority areas in Education Sector requiring legislative intervention. MIN/SEN/SCE/094/2024 MEETING WITH THE CABINET SECRETARY. MINISTRY OF PUBLIC SERVICE. PERFORMANCE AND DELIVERY MANAGEMENT

e b) The Committee was further informed vide a letter, Ref No.MPSG&DW3|7, the Cabinet Secretary, Ministry of Public Service, Performance and Delivery Management had requested for more time to finalize the approval of the report by the Inter-Agency Technical Committee by the relevant agencies before engaging the Committee on the issues raised in the petitions; and c) Following consideration of the letter, the Committee resolved to invite the Cabinet Secretary, Public Service, Performance and Delivery Management to a meeting on Tuesday, 7th May, 2024 to provide infonnation and timelines for conclusion of the Inter-Agency Technical Committee report. CONSIDERATION AND ADOPTION OF THE COMMITTEE REPORT ON THE EARLY CHILDHOOD EDUCATION (AMENDMEND BILL. 2023 (SENATE BILLS NO. 54 OF 2023) I . The Committee Secretariat presented Committee Paper No.56 on the report on the Early Childhood Education (Amendment) Bill (Senate Bills No. 54 of 2023) for consideration and adoption; 2. The Committee considered the repo( and adopted the Committee amendments to be moved during the Committee of the Whole House Stage; and 3. The Committee unanimously adopted its report on the Early Childhood Education (Amendment) Bill, 2023 (Senate Bills No. 54 of 2023) after being proposed by Sen. Johnes Mwaruma, MP and seconded by Sen. (Prof.) Margaret Kamar, EGH, MP. ADJOURNMENT AND DATE OF THE NEXT ATE .S 202.1+ CHAIRPERSON: SEN. J NYUTU M.P. 3 NIIN/SEN/SCE/095/2024 MIN/SEN/SCE/096/2024 MEETING There being no other business, the meeting was adjourned ten minutes past two o'clock. The Committee resolved to hold the next meeting on notice. SIGNED:h,

^E f srrr #E=r-.r;;':.;;;.==:ce" MINUTES OF THE TENTH (IOTH) MEETING OFTHE STANDING COMMITTEE ON EDUCATION HELD ON SATURDAY 9TH MARCH 2024 AT 2:00 PM AT o 1. Sen. Joe Nyutu, MP 2. Sen. Agnes Kavindu Muthama, MP 3. Sen. James Kamau Murango, MP 4. Sen. Johnes Mwaruma, MP ABSENT WITHAPOLOGY

Chairperson
Member
Member
Member
Vice-Chairperson
Member
Member
Member
Member
Research Officer I
Clerk Assistant IiI

-Legal Counsel II

Research Officer III
Media I{elations Offrcer
Audio recording officer
Sergeant-At-Anns
Accountant
County Director, Teachers Service Commission
Chairman, KNUT:Taita Taveta
Executive Secretary, KNUT
Ilxecutive Secretary, KUPPET
KNUT Woman Representative
Head Teacher, Kironge Primary School
D,rFIead teacher, Kironge Primary School
Teacher, Ronge Primary School
D/IIead teacher, Mwakaleri Prirnary
l'eacher, Mwanyambo Secondary School
Teacher, Mwakaleri Pritnarl, School
leacher, Mrvakaleri Primary School
1'eacher, Kironge Primary School

1. Sen 2. Sen 3. Sen 4. Sen 5. Sen Peris Tobiko, CBS, MP (Prof.) Margaret Kamar, EGH, MP John Kinyua Nderitu. MP Lenku Ole Kanar Seki, MP Joseph Githuku Katnau, MP SECRETARIAT l. Mr. I-Iurnphrey Itingera 2. Ms. Doris Obure 3. Mr. Jackson Wekesa 4. Ms. Valarie Chemweno 5. Ms. Njeri Manga 6. Mr. Johnstone Sirniyu 7. Ms.IlawaAbdi 8. Ms. Jennifer Venza INATTENDANCE o 1. Dr. 2. Mr 3. Mr 4. Mr 5. Ms 6. Ms 7. Mr. 8. Mr. 9. Ms l0.Mr. ll.Ms 12.Ms 13. Ms Ilsther Njiru Rayrnond Malo KcnoxM. Mshila Ismacl Kongo 'Iarsila Mrvashirrba Alice Mwaliko Samucl Mngodo William Nyangc Janeth Mwalandi Geanton Malka Mary Mrvandau Paulinc Salee I-lellcn Llakika 1 Oa RONGE ZONE SCHOOLS. TAITATAVETA COUNTY PRESENT

ADOPTION OFTHEAGENDA The agenda of the meeting was adopted having been proposed by Sen. Johnes Mwaruma, MP and seconded by Sen. James Murango, MP as follows: L Prayer; 2. Adoption of theAgenda; 3. Meeting with petitioners (Committee Paper No. 050)- 4. Any other business; and 5. Adjoummenl lDate of the Next Ir{eeting. N{IN/SEN/DS ECtSCEl046/2024 OVERSIGHT \/ISITS TO RONGE ZONE SCHOOLS l. The Committee met with petitioners, teachers and the parents to the iearners at Mwakaleri Primary School; 2. The teachers expressed their concerns and frustrations to the Committee on thc challenges encountered and that neighboring institutions and counties were receiving hardship allowance; MIN/S EN/DS E C I SCE I O 47 I 202 4 ADJOURNMENT AND DATE OF NEXT N{EETING Thcre being no other business. thc rnecting rvas adjourrrcd at twcntl,-five tlinutes past four 1 DATE:.}.* ERSON: SEN. JOE NYU 2 SIGNED: C TU M.P. :.t lDL..l MIN/SEN/DSEC/SCE/044/2024 PRELIMINARIES The rneeting rvas called to order at thirty minutes past two o'clock. N{IN/SEN/DS EC/S CE/045/2 024 3. It was observed that these challenges resulted to lack of professional development opportunities due to limited access to training and professional development opporh-rnities. This can hinder their ability to update their skills and stay abreast of best practices in teaching and learning; 4. The teachers illustrated the poor living conditions with substandard housing, inadequate healthcare facilities, and limited access to essential services such as clean water and electricity. These conditions affect their overall well-being and job satisfaction. It also leads to limited parental involvement due to the socio-econotnic challenges; and 5. The Commitlee observed that the zones had justifiable rcasons to be termed and designated as hardship areas hence thc tcachers are viabie to receive hardsl-rip allowance. o'clock.

7 3NT 02 6 sr$ .#!=:=.,.=. MINUTES OFTHE NINETH (9TH) MEETING OFTHE STAND ING COMMITTEE ON EDUCATION HELD ON SATURDAY 9TH MARCH 2024 AT 10:00 AM AT a 1. Sen 2. Sen 3. Sen 4. Sen 5. Sen SECRETARIAT 1. N4r 2. Ms 3. I4r. 4. Ms 5. Ms 6. Ivft. 7. Ms 8. Ms Peris Tobiko, CBS, MP @rof.) Margaret Kamar, EGH, MP John Kinyua Nderitu, MP Lenku Ole Kanar Seki, MP Joseph Githuku Kamau, MP T{\ryAKALERI PRIMAR TAITATAVETA COUNTY PREST]NT l. Sen. Joe Nyutu, MP 2. Sen. Agnes Kavindu Muthama, MP 3. Sen. James Kamau Murango, MP 4. Sen. Johnes Mwaruma, MP ABSENT WITH APOLOGY

Chairperson
Member
Member
Member
Vice-Chairperson
Member
Membcr
Member
Member
Research Officer i
Clerk Assistant IIi

-Legal Counsel II

Research Officer III
Media Relations Offrcer
Audio recording officer
Sergeant-At-Arms
Accountant
County Director, Teachers Service Commission
Chairman, KNUT:Taita Taveta
Executive Secretary, KNUT
Executive Secretary, KUPPET
KNUT Wotnan Rcpresentative
Head Teacher, Kironge Prirnary
D/I-lead teacher, Kironge Primary
Teacher. Ron-qe Prirnary

PRELIMINARIES Flumphrey Ringera Doris Obure Jackson Wekesa Valarie Chemweno Njeri Manga Johnstone Simil'u Ilawa Abdi Jennifer Venza INATTENDANCE l. Dr. Esther Njiru 2. Mr.Itaymond Malo 3. Mr. KenoxM. Mshila 4. Mr. Ismael Kongo 5. Ms. Tarsila Mrvashirnba 6. Ms. Alice Mrvaliko 7 . Mr. Samucl Mngodo 8. Mr. Williarn Nyangc MIN/SEN/DSEC / SCE I O 40 12024 Thc meeting rvas called to ordcr at thirtl' llinutes past ten 1 ts r"! L-/

ADOI'TION OF THE AGENIDA The agenda of the meeting was adopted having been proposed by Sen. Johnes Mwaruma, MP and seconded by Sen. Agnes Kavindu, MP as follows: 1. Prayer; 2. Adoption of the Agenda; 3. Oveisight visit to Ronge zone schools in Taita Taveta County (Committee Paper No. 050)- 4. Any other business; and 5. Adjournment /Date of the Next Meeting. MIN/SEN/DSEC/SCEIO42I2O24 OVERSIGHT \/ISITS TO RONGE ZONE 1. The Committee visited schools such as Rahai Primary School and observed that the schools were not fully equipped with leaming and playing materiais; 2. It was also observed that accessibility to the area was difficult due to poor road infrastructure and lirnited public transportation options. This in turn makes it difficult for teachers to commute to and from work, especially during adverse weather conditions; and 3. Security of the teachers raised concerns due to the surrounding National Park-Tsavo West which harbour wild animals that are iife threatening to the teachers creating a challenging and sometimes unsafe envirorunent for teachers and students. ADJOURNN{ENT AND DATE OF NEXT N{EETING There being no other business, the meeting was adjourned at trventy minutes past one o'clock SIGNED DArE: .p1[r::{ 1- /_u?* CHA SON SEN. JOE NYUTU N{.I' , 2 M I N/S E N/DSEC/SCE/O 41 12024 SCHOOLS M I N/SEN/DSEC/SCE/O 43/2021 t

N{INUTES OF THE EIGHTH (8]4) I\{EETING OF THE STANDING COMI\{ITTEE ON EDUCATION HELD ON FRIDAY 8IT MARCH 2024 AT 2:00 PM AT TIMBILA SCI{OOLS .TAITATAVETA COUNTY PRESENT o 1. Sen. Joe Nyutu, MP 2. Sen. Agnes Kavindu Muthama, MP 3. Sen. James Kamau Murango, MP 4. Sen. Johnes Mwaruma, MP ABSENT WITH APOLOGY

Chairperson
Member
Member
Member
Research Officer I
Clerk Assistant III

-Legal Counsel II

Research Offlcer IIi
Media Relations Officer
Audio recording officer
Sergeant-At-Arms
Accountant

Counfy Director, Teachers Service 1. Sen 2. Sen 3. Sen 4. Sen 5. Sen SECRETARTAT 1. Mr 2. Ms 3. Mr 4. Ms 5. Ms 6. N4r. 7. Ms 8. Ms Peris Tobiko, CBS, MP (Prof.) Margaret Kamar, EGH, MP John Kinyua Nderitu, MP Lenku Ole Kanar Seki, MP Joseph Githuku Kamau, MP Humphrey Ringera Doris Obure Jackson Wekesa Valarie Chemweno Njeri Manga Johnstone Sirniyu HawaAbdi Jennifer Venza IN ATTENDANCE 1. Dr. Esther Njiru Comrnission 2. Mr. Rayrnond Malo 3. Mr. KenoxM. Mshila 4. Mr. Ismael Kongo 5. Ms. Tarsila Mwashimba

Chairman, KNUT-Taita Taveta
Executive Secretary KNUT
Executive Secretary, KUPPET
KNUT Woman Representative

o MIN/SEN/DSEC/SCE/03 6 I 2024 The mecting was cailcd to ordcr at thirfy minutes past two o'clock 1 N{IN/S EN/DSEC/SCEIO37I2024 ADOPl'ION OFTHEAGENDA rOr <( a 5r$ H

Vice-Chairperson
Member
Member
Member
Merrber

PRELIN{INARIES

The agenda of the meeting was adopted having been proposed by Sen' Johnes Mwaruma, MP and seconded by Sen. Agnes Kavindu, MP as follows: 1. Prayer; 2. Adoption of the Agenda; 3. Meeting with the petitioners (Committce Paper No' 050)- 4. Any other business; and 5. Adjournment lDate of the Next Meeting. ]\{EETING WITTI PETTTIONERS AT TAN{IJILA SCI{OOLS The County Director informed the meeting on the three rnajor zones that should be classified as hardship areas that is; Ronge, Taita and Taveta sub counties' Thc meeting also noted that some parts of the county are hard to staff due to the challenges encountered by the teachers stationed in those schools; 2. The challenges encountered include- a) Inaccessibility to the schools due to the poor terrain/road coverage and high cost of transPortation ; b) poor connectivity affecting communication as the network could roam to Taozaniamaking it difficult for digital leaming; c) Wildlife-human conflict owing to the bordering national park-Tsavo West National Park that threatens the residents' life; d) Accessibility to health facilities attributed to the long distances covered and also iack ofequipped health/social facilities near the schools; e) Flooding during the heavy rains prompting other hazards such as wild animals and loss of lives; 3. It was noted that there was an increasing trend for transfers from one region to another due to the challenges encountered in some parts of Taita Taveta County that are not entailed with hardship allowance. 4. Further, the Committee noted that there some zones such as Ronge Zone was understaffed due to the high transfers making it a hard to staff area. N{IN/SEN/D sEC/SCE/03912024 ADJOURN MENT AND DATE OF NEX'T MEETING Therc being no other business, the meeting was adjourned at twenty minutes past fir'c o'clock i 1- I)ATE SON: SEN. JOE NYUTU 2 SIGNED:..... \ I. t,. M I N/S E N/D SEC/S CE/O 38 I 2024

\:l\a.ry

MINUTES OF THE FIFTY-THIRD (53R1 MEETTNG OF THE STANDING ?OE LT LO.OO AM AT YTP ANNEX II, FIRST FLOOR, KICC BUILDTNG. PRESENT o 1. Sen. Peris Tobiko, CBS, MP 2. Sen. John Kinyua Nderitu, MP 3. Sen. Agnes Kavindu Mutharna, MP 4. Sen. Johnes Mwaruma, MP 5. Sen. Lenku Ole Kanar Seki, MP ABSENT WITH APOLOGY l. Sen. Joe Nyutu, MP 2. Sen. (Prof.) Margaret Kamar, EGH, MP 3. Sen. Jarnes Karnau Murango, MP 4. Sen. Joseph Githuku Kamau, MP SECRETARIAT

Vice-Chairperson
Member
Member
Member
Member
Chairperson
Mernber
Member
Mernber
Chief Executive Officer
Director, Legal Services
Director, Human Resource and Management
Acting Director, Staffing

PRELIMINARIES 1. Mr 2. Ms 3. Ndr 4. Ms 5. Ms 6. Mr 7. Ms Hurnphrey Ringcra Doris Obure Jackson Wekesa Njeri Manga Faturna Abdi Felix Ogutu Hawa Abdi IN ATTENDANCE i. Dr. Nancy N. Macharia, CBS 2. Mr. Cavin Anyuor 3. Dr. Julius Olayo 4. Ms. Antonina Lentoijoni MIN/SEN/SCEI256I2O23 The meeting was called to order at thirty rninutes past ten and the proceedings comrnenced with a word of prayer said by Sen. Peris Tobiko, CBS, MP. MIN/SEN/SCEI257/2023 ADOPTION OF THE AGENDA The agenda of the rneeting was adopted with arnendments having been proposed by Sen Agnes Kavindu Mutharna, MP, and seconded by Sen. Johnes Mwaruma, MP. 1 COMMITTEE ON EDUCATION HELD ON THURSDAY. 3OTII NOVEMBER.

Research Officer I
Clerk Assistant III
Legal Counsel Ii
Media Relations Officer
Audio Officer
Audio officer
Sergeant-at-arms

TEACHERS SERVICE COMMISSION

il MEBTING WITH TEACHERS SEITVICE COMMISSION ON PENDING STATEMENTS AND PETTTIONS Consideration of Statem ents (Committee Paper No. 0j9)- l. The Committee Secretariat presented Comrnittee Paper No. 39 on Statements sought frorn the Committee regarding the inordinate delay in the prornotion of teachers in Isiolo County and the interdiction ofteachers seeking transfers from the North-Eastern region over alleged insecurity. 2. The TSC informed the Committee that- a. The TSC has not been allocated budget for teacher promotion since 201 l/2012 Financial Year (FY) and as such teachers were being promoted are to replace those who have exited service through natural attrition. However, in the ZO23|2O24 Financial Year, the Commission was allocated Kshs 1 billion for teacher promotion; b. A total of one hundred and forty (140) teachers in Isiolo County have been progroted since the year 2020 and promotion is continuous dependent on among other factors, budgetary allocation and availability ofvacancies; c. As of 1.t July, 2023, a total of 34,970 teachers are au'aiting promotions with 21,051being senior teachers at grade C3 to grade C4 (deputy head teachers); and 13,919 teachers at grade c4 awaiting promotion to grade c5 (head teachers); d. The TSC stopped the implernentation of delocalization policy and is progressively carrying out transfers. As at October, 2023,they have received a total ofsix hundred and sixty-one (661) transfer applications from teachers in the North Eastern region of whicha total of twenty-five (25) transfers have been effected to the counties of choice and the remaining six hundred and thirty-six (636) transfers shall be considered when there are available suitable replacetnents to ensure seamless leaming across the country; e. The TSC held a meeting with the teachers frorn North Eastern Region and requested them to report to their work stations and make applications as provided in the Code of Regulation for Teachers (CORT). Consequently, ninety-four (94) teachers resumed duties while one hundred and twenty-nine (129) teachers declined to report to work. Eighteen (18) teachers were .transferred to safer areas within Mandera County and Seven (7) out of the One hundred and twenty-nine (129) teachers duly reported to rvork; f. The TSC resolved to commence a disciplinary process against the one hundred and twenty-two (122) teachers who had failed to report for duty. The Cornrnittee was further inforrned that rnajority of the one hundred and twenty- nine (129) teachers were teaching under the Board of Managernent previously in the region for several years and only raised the issue of insecurity when they were employed by the TSC on Peruranent and Pensionable terms; and g. The 5-year retcntion policy, which required that a teacher rnay only request for transfer upon expiry of 5 years after the l't appointtnent, has been reduced to (three) 3 1,ears, prompted by the insecurity challenge in the North-Eastcrn Region. ? MIN/SEN/SCE/258/2023

o o , 3. The Committee observed that the Commission considers the shortage of teachers in spccific schools/regions as a basis for recruitment and transfers and grant the first priority to areas with acute teacher shortage so as to accord learners their right to basic quality education. 4. The Committee resolved to invite- a. The Cabinet Secretaly, Ministry of Education; b. The Cabinet Secretary, Ministry of Interior and National Administration; c. The Inspector General ofpolice; and d. The salaries and Rernuneration Cornmission, to deliberate on the issues concerning the payment of hardship and enhanced house allowances and the alleged insecurity for the teaching service in the North-Eastern region. b. Consideration of Petitions (Comntittee Paper No. 040) - a. Petition on the 1996 to 2010 salary arrears for Pl teachers with "A" lcvel academic qualification- 5. The TSC inforrned the Committee that the decision to promote Untrained Teachers with 'A' level qualifications in 1995196 was driven by the need to address an acute teacher shortage in secondary schools and hence did not cover primary school teachers. Such teachers should have taught for a minimum of six (6) years and had one principle and two subsidiaries excluding general paper; 6. The Untrained 'A' level teachers who were promoted to Job Group H after undertaking two weeks in-service course in 1996 progressed systematically from SI, ATS III, ATS II and ATS I after three years of service in each job group upon satisfactory individual performance. The teachers were to progress to subsequent grades by undertaking a 'leacher Proficiency Course (TPC) or by pursuing a relevant Diplorna or Degree Prograrnmes in line with the Scheme of Service for Non-Graduate Teachers; 7. The decision to prornote S1 was challenged by Pl teachers through KNUT who expressed dissatisfaction with the parameters used in the promotion of the Untrained 'A' Level Teachers. This led to signing of different agreernents in the years between 2000 and 2003 between TSC, the Ministry of Education and Kenya National Union of Teachers (KNUT) and culminated in promotion of 78, 204 prirnary school teachers which had a financial implication of Kshs. 332,194,522; 8. While the Untrained teachers systematically progressed from S1, ATS III, ATS II and ATS I after three years of service in each job group and upon satisfactory perforrnance. On the other hand, KNUT demanded that Pl A-level teachers to be promoted directly to A fS I without considering any performance or productivity ' contrary to the requirements of their Scherne of Service; 9. Pursuant to negotiations bctrveen the MOEST, the TSC, the National Treasury and the KNUT between 2003 and 2014, promotions undcrtakcn between 2005 and 2007 3

and in 20 10 under the Scherne of Service for non-graduate teachers had a cost implication of Kshs. 1.4 billion. Futlher, in all these promotions, teachers'salaries were adjusted accordingly colnmensurate to their respective new gradcs. b. Petition on the payment of hardship allowance and enhanced house allowance- l0.The Committee observed that there is need to review the TSC Code of Regulation for Teachers (CORT) to effect the amendments on designation of hardship allowancc; i l. The Committee was informed that enhanced house allowances for the teachers in the affected areas was effected after the Salaries and Retnuneration Commission (SRC) advisory;and 12.'fhe Committee noted that there is unwarranted delay in payment of allowances even after they are legally issued which is attributed by budgetary constraints. MIN/SEN/SCEI259I2O23 ADJOUITNN{ENT AND DATE OF NEXT MEETING There being no other business, the meeting was adjourned at thirty-five minutes past one o'clock. The Cornrnittee resolved to hold the next meeting on notice. SIGNEI) -l t_l DATE:...j.,l ,.ll CHAIITP ON: SEN. JOE NYUTU M.P. 4

,,p.r\*/ra, jj?'A*!'-!1 ffiffi; €h=,==-=.-"=.#" MINUTES OF THE FIFTY-SECOND (52ND) MEETING OF THE STANDING COMMITTEE OI.I EDUCATION HELD ON TUESDAY 2g.IIr NOVEMBER 2023 AT 12.00 PM AT VIP ANNEX II FIRS'| FLOOR KICC BUILDING. MEMBEIIS I'RESENT o Joe Nyutu, MP Peris Tobiko, CBS, MP (Prof.) Margaret Karnar, EGI-I, MP John Kinyua Nderitu, MP Agnes Kavindu Mutharna, MP Jolnes Mwaruma, MP Joseph Githuku Kamau, MP MEMBERS ABSENT WITH APOLOGY 1. Sen. Lenku Ole Kanar Seki, MP 2. Sen. Jarnes Kamau Murango, MP SECRETAII.IAT 1. Sen 2. Sen 3. Sen 4. Sen 5. Sen 6. Sen 7. Sen

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l. Mr 2. Ms 3. Mr 4. Ms 5. Ms Hurnphrey Ringera Doris Obure Jackson Wekesa Faturna Abdi Hawa Abdi MIN/SEN/SCE/250/2023 PRELIMINARIES The rneeting was called to order at thirty minutes past noon and the proceedings commenced with a word of prayer said by Sen. John Kinyua Nderitu, MP. ADOPTION OF THE AGENDA The agenda of the meeting was adopted having been proposed by Sen. Agnes Kavindu, MP, and seconded by Sen. (Prof.) Margaret Kamar, EGI{, MP, as follows: l. Prayer; 2. Adoption of the Agenda; 3. Confirmation of Minutes of the previous meetings- a. Minutes of the 49th meeting held on lgth October, 2023,' b. Minutes of the 5Oth meeting held on 2'd Noventber, 2023; and c. Minutes of the 5 l st meeting lrcld on 2I't November, 2023 4. Matters arising from the Minutes of the Previous Meeting; 5. Consideration of a response by the Teacher Service Cornrnission (TSC) to the petition on the discrirnination on paylnent of hardship allowance and enhanced housc allowance to teachers in Kilifi County; (Commitlee Paper No. 038 (b)),' 1 MIN/SI1 N/SCE/25 1 /2023

6. Any Other Business; and 7. Adjournment /Date of the Next Meeting CONFRIMATION OF MINUTES OF THE PRBVIOUS MEETINGS 1. The Minutes of the 49th meeting held on l gth October , 2023 were confirmed as a true record of the deliberations afler being proposed by Sen. John Kinyua Nderitu, MP and seconded by Sen. Joseph Githuku Kamau, MP; 2. TheMinutes bf the 50th meeting held on l9s November,2023 were confirmed as a true record of the deliberations after being proposed by Sen. (Prof.) Margaret Karnar, EGH, MP and seconded by Sen. Johnes Mwarutna, MP; and 3 . The Minutes of the 5 I st meeting held on 2 I't Novemb er, 2023 were confirmed as a true record of the deliberations after being proposed by Sen. (Prof.) Margaret Kamar, EGH, MP and seconded by Sen. Peris Tobiko, CBS, MP. MIN/SEN/SCE1253/2023 MATTERS ARISING FROM THE PREVIOUS MEETINGS EX-MIN/SEN lSCElz44/2023: ANY OTHER BUSINESS The Cornrnittee resolved to conduct county oversight visits to- 1. Taita Taveta and Kilifi County on the week cornrnencing on Monday, 22d lanuary, 2024 to acquaint itself rvith the issues raised in the petition regarding the discrimination by TSC on payment of hardship allowances and enhanced house allowances to teachers in the two counties; 2. Machakos and Kajiado County on the week comtnencing on Monday, 29tl'January, 2024 to acquaint itself u,ith the irnplementation status of the Early Childhood Development Education (ECDE), Technical Vocational Education Training (TVET) and Sector Policy for Learners and Trainees with Disabilities in the two counties; and 3. Murang'a County on the rveek commencing Monday 5th February,2024 to acquaint itself with the implementation of the Digital Learning Programtne being implemented by the EIDU in Murang'a County. MIN/SEN/SCEI254I2O23 CONSIDEII.ATION OF A RESPONSE BY TSC REGARDINC A PETITION ON DISCRIMINATION ON PAYMENT OF HARSHIP AND ENHANCED I-IOUSE ALLOWANCE TO TEACHERS IN KILIFI COUNTY The Committee Secretariat presented Committee Paper No. 3B (b) on the petition on payment of hardship and enhanced house allowances to teachers in Kilifi and Taita Taveta Counties for consideration. The paper detailed the salient features of the petition, the prayers and the sulnlnary of the subrnissions by the TSC and the Ministry of Public Service; 2 FITN/SEN/SCIT/252l2023

c 2. The Committee observed that- a. There exists discrepancies in designation and payrnent of hardship areas and hardship allowances amongst different government agencies within the sarne locality; b. Whereas, the Ministry of Public Service, Performance and Delivery Managements subrnitted an appendix in their report extracted from a Circular dated 2005 designating 44 areas as hardship areas in teaching profession, the TSC listed 34 areas as contained in the Legal Notice No. 534 of 1997 as the basis for payment of hardship allowances in the teaching profession; and c. The process of effecting payment of enhanced house allowances following upgrading of rnunicipalities and towns frorn one category to the other was not clearly spelt out in the written submissions. 3. The Committee resolved 1o seek clarification on the issues raised in the two petitions during scheduled rneeting with the TSC on Thursday, 30tl'November,2023 ADJOUITNMIINT AND DATE OF NEXT MEETiNG There being no other business, the rneeting was adjourned at forty-five rninutes past one o'clock. The Committee resolved to hold the next meeting on Thursday, 3Oth Novernber, 2023 at 10:00 arn. SIGNED: 5 1L !l] CHA EITSON; SEN. JOE NYUTU M.P. .) o 3 MIN/SEN/SCE/255/2023 DATE

o ABSENT WITH APOLOGY Peris Tobiko, CBS, MP (Prof.) Margaret Kamar, EGH, MP Lenku Ole Kanar Seki, MP Agnes Kavindu Muthama, MP Johnes Mwaruma, MP Humphrey Ringera Doris Obure Jackson Wekesa Dennis Amunavi Fatuma Abdi

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PRESENT 1. Sen 2. Sen 3. Sen 4. Sen 5. Sen l. Sen. Joe Nyutu, MP 2. Sen. John Kinyua Nderitu, MP 3. Sen. Joseph Githuku Kamau, MP 4. Sen. James Kamau Murango, MP SECRETARIAT l. N{r 2. Ms 3. Mr 4. Mr 5. Ms o MIN/SEN/SCEIZ4I/2023 PRELIMINARIES The meeting was called to order at thirty minutes past noon and the proceedings commenced with a word of prayer said by Sen. Agnes Kavindu Muthama, MP. MIN/SEN/SCEI242/2023 ADOPTION OF THE AGENDA The agenda of the meeting was adopted with amendments having been proposed by Sen. Johnes Mwaruma, MP, and seconded by Sen. Agnes Kavindu Muthama, MP, as follows: l. Prayer; 2. Adoption of the Agenda; 3. Meeting with the Cabinet Secretary, Public Service, Performance and Delivery Management to respond to issues raised in the petitions regarding: a. Discrimination by the Teachers Service Commission QSC) on payment of hardship allowance and enhanced house allowance to teachers in Kilifi County; and 1 €fE-=--:. MINUTES OF THE FIFTHIETH (sOTH) MEETING OF THE STANDING COMMITTEE ON EDUCATION HELD ON THURSDAY.2ND NOVEMBER.2023 AT 12:OO PM AT VIP ANNEX II. FIRST FLOOR. KICC BUILDING. Or F a srrr

MIN/SEN/SCEI243I2023 MEETING WITH THE CABINET 1. The Committee was notified of a letter from the Ministry of Public Service, Performance and Delivery Management informing the Committec that the Cabinet Secretary would be away from the office on official duty and unable to atlend the scheduled meeting; 2. The Committee considered the rvritten submissions from the Cabinet Secretary, Ministry of Public Service, Performance and Delivery Management to the issues raised in the petition regarding payment of hardship allowances; 3. It was observed that there was disparity in categorization and provision of hardship and enhanced house allowances in the various government agencies; and the need to establish a formula in designating hardship zones. The Cornmittee further sought for a detailed brief on the Legal Framework and Policy Frarnework guiding the designation of hardship areas in the Country; and 4. The Committee resolved to invite the Cabinet Secretary, the Ministry of Public Service, Performance, and Delivery Management; and the Chief Executive Officer of the Teachers Service Commission (TSC) to a meeting of the Committee to deliberate on the issues raised in the petitions and provide clarification to the written submissions on the issues regarding the payment of hardship and enhanced house allowances. MIN/SEN/SCEI244I2023 ANY OTHEII BUSINESS The Committee was informed that the oversight visits to Taita Taveta and Kilifi counties regarding the classification of hardship zones was re-scheduled due to the on-going National Examinations and would be scheduled again during the recess inJanuary,2024. ADJOURNMENT /DATE OF THE NEXT MEETING There being no other business, the meeting adjourned at forty minutes past one o'clock The Committee resolved to hold the next meeting on notice. DATE:. IRPERSON; SEN. JOE NYUTU 2 SIGNEI) C M.P. b. Discrimination in payment of hardship allowance to teachers in Taita Taveta County. 4. Any other Business; and 5. Adjoumment /Date of the Next Meeting. SECRETARY. PUBLIC SERVICE. PERFORMANCE AND DELIVERY MANAGEMENT MIN/SEN/SCE1245I2O23 ,L-l l)

#!=-.-=, MINUTES OF THE FOIIRTY-NINETH 149ru'y MEETING OF THE STANDING COMMITTEE ON EDUCATION HELD ON THURSDAY 19TH OCTOBER 2023 AT 12.00 PM AT VIP ANNEX II FIRST FLOOR KICC BUILDING e

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MIN/SEN/SCEI234I2O23 PRELIMINARIES The meeting was called to order at thirty minutes past noon and the proceedings commenced with a word of prayer by Sen. John Kinyua Nderitu, MP. ADOPTTON OF THE AGENDA The agenda of the meeting was adopted having been proposed by Sen. Lenku Ole Kanar Seki, MP, and seconded by Sen. John Kinyua Nderitu, MP as follows: l. Prayer; 2. Adoption of the Agenda; 3. Conlrrmation of Minutes of the 48ft meeting held on 12b October,2023 4. Matters arising from the Minutes; 5. Consideration of the Committee brief on categorization and classification of hardship arears in the country (Committee Paper No. 37) 1 Or F t Strr PRESENT 1. Sen. Peris Tobiko, CBS, MP 2. Sen. (Prof.) Margaret Kamar, EGH, MP 3. Sen. Lenku Ole Kanar Seki, MP 4. Sen. John Kinyua Nderitu, MP 5. Sen. Joseph Githuku Kamau, MP ABSENT WITH APOLOGY 1. Sen. Joe Nyutu, MP 2. Sen. Agnes Kavindu Muthama, MP 3. Sen. Johnes Mwaruma, MP 4. Sen. James Kamau Murango, MP SENATE SECRETARIAT l. Mr. Humphrey Ringera 2. Ms. Doris Obure 3. Mr. Jackson Wekesa 4. Mr. Dennis Amunavi 5. Mr. Kenneth Ndirangu 6. Ms. Fatuma Abdi 7. Ms. Felistus Mutune MTN/SEN/SCE/235/2023

6. Meeting with the Cabinet Secretary, Public Service, Performance and Delivery Management to respond to issues raised in the petitions regarding: a. Discrimination by the Teachers Service Commission QSC) on payment of hardship allowance and enhanced howe qllowance to teaclters in Kilifi County (Committee poper No.358); and b. Discrimination in payment of hardship allowance to teachers in Taita Taveta County (Committee Poper No. 36) 7. Any other Business; and 8. Adjoumment lDate of the Next Meeting. THE 48TH MEETING HELD ON I21II The Minutes of the 486 meeting held on l2th October,2023 were confirmed as a true record of the deliberations after being proposed by Sen. John Kinyua Nderitu, MP and seconded by Sen. Lenku Ole Kanar Seki, MP. MIN/SEN/SCEI237/2023 CONSIDERATION OF THE COMMITTEE BRIEF ON a) The Secretariat presented Committee Paper No.37 (attached) on the classification and categorization ofhardship areas in the country as requested during the previous Committee meeting; b) The Committee observed that there is need to revise the formula used by the Commission on Revenue Allocation (CRA) in provision of Equalization Fund to counties; and c) Following the deliberations, the Committee resolved to invite the Cabinet Secretary, Public Service, Performance and Delivery Management to deliberate on the allocation of hardship areas and detailed information in regards to the report of the Inter-Agency Technical Committee that was established to study the prevailing policies, circulars and guidelines on designated hardship areas and the modalities of payment; and apprise the Committee on the allocations and classification of urban- poor areas as hardship areas in cushioning teachers based on harsh living conditions encountered. MEETING WITH THE CABTNET SECRETARY PUBLIC SERVICE PERFORMANCE, AND DE LIVERY MANAGEMENT 1. The Committee was informed that the Cabinet Secretary, Ministry of Public Service, Performance and Delivery Management had sent a letter Ref. No. 2 MIN/SEN/SCE/23612023 CONFIRMATION OF MINUTES OF OCTOBER.2023 CLASSIFICATION OF HARDSHIP AREAS TN THE COUNTRY MIN/SEN/SCE/23812023

MPSG&AA.6 seeking indulgence of the Committee to reschedule the meeting to another day; and 2. The Committee considered and acceded to the request and resolved to invite the Cabinet Secretary to the meeting to be held on Thursday, 2nd November,2023. MIN/sEN/SCE/239/2023 ANY OTHER BUSINESS The Committee was informed that the County oversight visit to Taita Taveta regarding the classification of hardship zones was scheduled and the logistics plans would be communicated for the Cotnmittee's consideration. MIN/SEN/SCE /24012023 ADJOURNMENT /DATE OF THE NEXT MEETING There being no other business, the meeting adjourned at twenty-five minutes past one o'clock. The Committee resolved to hold the next meeting on notice. SIGNED:........ DATE L u )-,0 2-j IRPERSON: SEN. JOE NYUT U M.P. ) 3

lStE--:. MINUTES OF THE FOURTY-SEYENTH (47TH) MEETING OF TEE STANDING f N,I C} Lt 5ES COMMITTEE ON EDUCATION HELD ON TTJESDAY.3RD OCTOBER.2023 AT o o PRESENT 1. Sen. Joe Nyutu, MP 2. Sen. Peris Tobiko, CBS, MP 3. Sen. Lenku Ole Kanar Seki, MP 4. Sen. Johnes Mwaruma, MP 5. Sen. James Kamau Murango, MP ABSENT WITH APOLOGY l. Sen. (Prof.) Margaret Kamar, EGH, MP 2. Sen. John Kinyua Nderitu, MP 3. Sen. Joseph Githuku Kamau, MP 4. Sen. Agnes Kavindu Muthama, MP INATTENDANCE 1. Sen. AlexanderMundigi, MP SENATE SECRETARIAT 1. Mr. Humphrey Ringera 2. Ms. Doris Obure 3. Mr. Jackson Wekesa 4. Ivk. Dennis Amunavi 5. IvIr. Kenneth Ndirangu 6. Ms. Fatuma Abdi 7. Ms. Ivy Wachira 8. Ms. Hawa Abdi IN.ATTEIYDANCE Mr. Cavin Anyuor Dr. Julius Olayo Ms. Edwina Musindi

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I 2 3 NIIN/SEN/S CE I 220 I 2023 PRELIMINARIES The meeting was called to order at thrrfy minutes past ten and the proceedings commenced with a word of prayer said by Sen. James Murango, MP. 1 It 10:00 AM AT COMMITTEE ROOM 23. BUNGE TOWER. PARLIAMENT BI]ILDINGS TEACMRS SERVICE COMMISSION

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MIN/SEN/SCEI22II2O23 ADOPTION OF THE'AGENDA The agenda of the meeting was adopted with amendments having been proposed by Sen. James Murango, MP, and seconded by Sen. Johnes Mwaruma, MP as follows: 1. Prayer; 2. Adoption of the Agenda; -3. Confirmation of Minutes of the 39e meeting held on 106 August,2023; 4. Matters arising from the Minutes; 5. Meeting with the CEO of the Teachers Service Commission to deliberate on the issues raised in the petitions regarding: a- Salary atears for Pl teachers with'A'level academic qualificationfrom 1996 to 2010 (committee paper No. 288); and b. Discrimination by the Teachers Service Commission (TSC) on payment of hardship allowance and enhanced house allowance to teachers in Kilifi Courfi (Committee paper No. 35) 6. Consideration of a response to the Statement sought by Sen. Alexander Mundigi, MP regarding-the wellbeing of teachers' post-retirement; 7. Any other Business; and 8. Adjournment lDate of the Next Meeting. MIN/SEN/SCE/22212023 CONFIRMATION OF MINUTES OF THE 39TH MEETING TIT'1P ON 1OTH AUGUST.2023 The Minutes of the 39ft meeting held on lOe August, 2023 were confrmed as a true record of the deliberations after being proposed by Sen. Johnes Mwaruma, MP and seconded by Sen. James Murango, MP. T[IN/SEN/SCEI223/2023 MATTERS ARISING There were no matters arising from the minutes. MIN/SEN/SCEI224/2023 MEETING THE TEACIMRS SERVICE COMMISSION (TSC) 1) The Committee was inforrned that the Chief Executive Offrcer of the Teachers Service Commission would be represented in the meeting by two Directors and the same had been communicated vide a letter Ref: CS/TSC|76NOL.V dated 2od October,2023. a) Petition regarding salarA arrears for Pl teachers with 'A' level academic qualification from 1996 to 2010 2) The Committee was informed that- a) In 1996 the Untrained Teachers with "A" level academic qualifications undertook a two weeks in-service aourse training at Kagumo and Bondo Teacher Training Colleges and were subsequently promoted to Grade Sl, Job Group 'H' and their salaries and allowances adjusted accordingly; and 2

o b) The decision by the Ministry of Education Science and Technology (MOEST) to promote Untrained teachers was challenged by the Pl *A" level teachers who were already in service. This prompted the Kenya National Union of Teachers (KNUT) to sign three agreements with TSC in 2003, 2010 ar,d 2014. These agreements provided for promotion of Pl "A" level teachers and sought to address the disparity in terms of grade between Untrained and Trained teachers; 3) The Committee observed that- a) The promotions that took place in 1996 were exclusively for untained "A" level teachers who undertook an in-service haining at Kagumo and Bondo Teachers Training Colleges; b) The Pl"A" level teachers were promoted in 2003, 2010 and 2014 upon negotiations between TSC and KNUT. Consequently, tleir salaries and corresponding allowances were adjusted and paid as per their respective job groups; and c) Whereas there was a career progression for the teachers, trained teachers were disadvantaged during promotions undertaken by the MOEST between 1996 and 2003 partly due poor implementation of the promotion policies. b) Discrimination by the TSC on payment of hardship allowance and enhanced house allowance to teachers in Kilifi County a) The Committee was informed that the desigaated hardship nrears in Kilifi County 41s Qanzs Division in former Kilifi District Magarini, Marafa and Kakoneni Divisions in the former Malindi Distict, however, the Teachers Service Commission (TSC) has no legal mandate to gazelte any area as hardship area; b) Following deliberations, the Committee resolved to invite the Cabinet Secretary, Ministry of Public Service, Performance and Delivery Management to a meeting to respond to the issues raised in the petitions pending before the Committee regarding payment of hardship allowances. CONSIDERATION OF A OF TEACIIERS POST- RETIREMENT a) The Committee was informed that the Teachers Service Commission has put in place initiatives to prepare and build psychological resilience to about 20,000 teachers who retire per annum. These initiatives include sensitization programs, retirement awareness and notice of retirement; b) In expediting the payment of retirement benefits to teachers upon retirement, the Teachers Service Commission: a. notifies the teachers of the documents required to process their pension through the retirement notice; 3 MIN/SEN/SCEI225I2O23 RESPONSE TO TIIE STATEMENT REGARDING THE WELLBEING -\

b. encourages teachers to submit the required documents to its County/or subcounty offrces for verification prior to forwarding to the headquarters; c. commenced the automation of aspects pension process to ensure that the tedious manual process is hastened with view to improve the tumaround time; and d. established a systematic processing of claims through the frst in fust out principle with their employees in the pension department set a daily target to ensure timely processing of claims. c) The Committee was further informed that in collaboration with National Treasury, the TSC has established an office operated by officers from the Pension Department in fast tracking and processing of pension claims for onward transmission to the National Treasury MIN/SEN/S c8t226t2023 AI\TY OTHER BUSINESS a) The Committee wa^s informed that a petition by the Kenya National Union of Teachers (KNUT), Taita-Taveta Branch, regarding the discrimination in payment of hardship allowances had been reported in the Senate; b) The Committee was informed that the World Teachers Day was scheduled to be marked on Thursday, 56 October. Consequently, a Committee Statement pursuant to Standing Order 52 (l) would be prepared; c) The Committee sought to undertake a county visit to Taita Taveta in relation to the petition before the Committee on assessment and classification of hardship zones o'clock. The Committee resolved to hold the next meeting on notice. SIGNED:..... ERSON: SE . JOE o,rrr:....1). h?- M.P. I 3 4 MIN/SEN/SCE/227I2023 ADJOURNMENT /DATE OF THE NEXT MEETING There being no other business, the meeting adjourned at fifty-five minutes past twelve

ANNEX2 Copy of the Petition

@u-{r'c}cpJa _—_- .]7L-c-45:-.- Ji-<A<' 2>4 lil.:\\\tu,,€L( - 2f;j'11" 1 I'lLl:\i \l{\ l.l)l ( \ l'lolr ll' \('lll']ts (Scrvicc, .lttslicc & lnlcgritY) lil I'l'l I lrll ll I llll \\( It I).O. llo.r lUlT- 80lOtl Kilili I .i,,:r lr (Wcc: 07t)5lt)-i355 075t61:)ll l:rrtitil: krrppcl.kilili(rrJSlllilil.c('nl or ., on1.\ citlcl)nlogcrclo/rl.lgtttitil.cotn ?'l iUN ru'" rs ilc: \vrv\v. ktrlryct k il i li brrtttch.coJ<'c TO: .I'HE CLERK OI: TIIE SENATE' P.O.BOX 1I8{2-OOIOO PARLIAMENT BUILDINGS, NAIROBI. EMAIL: !.L'.!.1' scrrirlc '/ l)irliirr)re rll :j() kd DEAR SIWMADAM; Date:81512023 /r/L L1 ING DISCRIIUINATION B}'TSC ONASAL STATTIS OF RE: PETITION CONCERN We the undersigned, are the petitioners who are citizens of the Republic of Keny4 resideos of Kitifi .oro,1,-l 11Upppf ktltft COUVfY branch goveming council -rrriting on behalf oI more rhan ZbOO f Uppgf mernbers. We rvilt like to drarv the attention of the senate to the follorving; 1.0 THAT, In the Collective Bargaining Agleement (CBA) signed benveen TSC and the main teacheri' unions, the Commisiion promised to embark on promoting teachers seni-og in Arid and Semi-Arid Lands (ASAL) and hard to slaff areas that hold adrninistrative positions progressively until they rcacli grades that are corunensurale lo their respective positions- TSd revealei I 8 New Hardsl,ip Are.r in the 2021 - 2025 CBA. The acronl'ur ASAL sunds for Arid and Serni-Arid Larrd. lt is a tenn used to describe areas lhat are characterized bl los' KILIFrco IN..TY AND NON-PAY I\IENT O HARD HIP ALLOIVAN E A\'D ENHANCED HOTISE AI,LO1VANCE TO sotlrE TSC TEAC HERS I KILIFI COL\-TT rairrfall and higl ternPeralures.'l'ltese arcas are oflen prone to drought and arc considered to be hardship areas. 'l'hc whole ol'Kilifi corrrtty is ASAL brrt un lort uttatel-r' the cornmission only considercd Magarini subcounty and Canze sttbcourtty other sub couttties havc been leR out. Most of the adrninistrators irt sclrools rvitlrin Kilifi corrrrty are in acting capaciry'and lherefore lowcring tlte lnorale of this teachers rvlto are supposed to berrefit fronr afl'inttative }^/ ^,1",L aclton X l ltra,t.'h t )1Ji. J'J likt.t llou,t 0l All-llqlun tlu ttng'Olryxtttc Dt (\{tl lir't'u'' llottl l'i.ltJi l'ota qk rcdeul qvL (tn) u^f (1"}\ N.,oa C PEflTIO N TO THE ilANATE BY MOGERE T.O. CALES'EXECaJT\VE SECRETARY KUPPET KtLlFt BRANCH 07 0l Lq CONCER NINGDIS?RiMINATI1N,NALAL,HAR2SHIPALLowANcEANDENHANGEDHoUSEALLowANcE rO TEAC, HERS B/ TEACHER SERVICE COMMISSION [,] J PL'cr.,,.. kt^,. P e,L;t';u '' rv! L - \'-'ract:G,'rc- -', l-l i- '- 1 :) GB cu*s.un ,". Ereculive Secret: o7276r''3440 / 0738 133926 O(lR Rlit": ltKlI/(lOlt/0 l/tl0 Y()[Jn REF.......... PLc o-r t-' 'l o (t {!

-i.(t l'll.\l'. lr..J,.-lrc.rs Sr.n.icc. (lorrrrrrissiorr. 'l'SC, pilys ltttttsc itlltlw;tltcc lo lc:tcltcrs on lr mrrntllly t.'.tsrs j'his lllrrrr.incc. is t'rnll,paid lo lcacltcrs clrtploycd oll pcrlnilncnl and pcnsionablc lcrms I c.rclrc.rs ,Jo rr..rl. tlrtruSh. gct a llal ratc ol'lhis allorvattcc. I)aytllcttl ol'hortsc allorvanccs is bascd .)ir r\\(1 crrrcril. lhc. tc.achcr's joll grorrp and work statiorr.'l'cacltcrs' Workstations havc bccn ci:tssrtrc'tl.t,rtlrcSalariq'sandRctlllrncratiollCottltttission(SRC)'thtrs; Nairobi. l:onncr lr,tajor Mruricipalitics (Mornbasa, Kisrtrntr, Nitktrrlr, Nycri' tildorct'-l'hrka' Kisii. tr'talindi arrd Kitalc), ( )tlrcr tirrrrtcr Mtrnicipalitics: l{rrirtr, Kiktryrr, Kitrri' Machakos' Mlolongo' Athi llircr. Vihiglr, wolc, Mrrrrrilrs, ll0tttcl, l,itttttrtt, Kcriclro, Kirrrilili, Kakatrrcga' Kapsabct, Kiitrrtltu, l}rtttgrttttit, Wclruyc, l}rrsiir, [ltrrrycrrjr:s' Mig,ori' [jrnbtr, llotna llal', l,o<!rvar, Mcrrr, Ny:rhrrrrrrtt, Nitltyrtki, Matra' Voi"siiryir' Chtrka alld Kcrttg<11';/ Kttlrts ()tlrcr;rrcus; llris itrclrrtlc;rll rcgirlrrs ttrtt tttcttliottctl irr l-lll alxx'u'' il IV r;!!,i,:i:;1,'jl!;; .AllJtqltnt lltttltlnrg' ()yxtsttr' l)" ('<t'llrt /.linnil I!otcl kltli li'un PETITION TO THE SANATE BY MOGERE T.O. CALEB'FXECUT'VE SECRETARY KUPPET KILIFI BRANCH CONCERNING DISCRIMINATION IN ASAL, HARDSHIP ALLOWANCE AND ENHANCED HOUSE ALLOWANCE TO TEACItERS BY TEACHER SERVICE COMMISSTON' GB cu,ns.onn., l'l'llll()\('()N('t':ttNlN(:l)ls(lltl\llN'\'t't()Nll\ t'S('()Nr\Sr\l'S'lrt'lllS('l'l(JJ"l''l (.()t \ l.\ t.1.1) N(}N-1,,\\ i\tl,.N l ()li !t,\!ll).stltl,,\1,t.()\v/\N('1,| ANt) l.:Nll^N(.|,,1, ur:rstiru,()\\'.-tN(.:1,:l()s()i\ll'.lli(ll'.,\('lll"tlslNlilt,llit('('|llN'll', :.(l l.ll,\ l'. lr.tr..lrt.rs S(.t\ tr.(. ('r1111\\tp1 1ll.it')gxrv,, rr rrrorrllrly lr;rtrl',lrt1,;tllrttv;l,lt:r: lo 'l ';t:t;lltt'l rrl'l<.:lr.lrr.t: ll,s rs ;ttt :tllrrrr.lnr'r' llt;tl t'. lt;rrrl lrr lr'rtr'ltr'l', rlt'1,hrycrl ttt tI' ;t;iIr;tIrrI lr;trrl',hl1r ;rtt:;t:' lltt llllrrrr.trti\. t: ||l(..l l l(! r'(rlltIr'lt\,llt'lt'llr'llt't', tt tl'tlt;' ttr ||tl' II:rrII''IrtIr Atr:;t" l t:rttttltt:tt' :tlr: tltr.ru tirr 1,..1 ,.g lr.trrr. \rrr.t.tl :,r.t\tr'r.\ il (l i (' tlt(',;. '.r'( llllly t l'il. lr;rl',lr I ltttt;tltt: ( j ( , r I t | | | t I , | | ' ; , ts\\l:lttr'r,.,r.1 l;rrrrrlr s('lr.llitll(rll lS('lrlrs t I t ' 'r t , t t I ; t I t ' r I \';lllnll'; ill t':l'i il; lt;ltrl'ltt;t l ht' ;ttt::t" r.r\llSr.i.,r t..l ttr lr.rr.l:6rp ltr.llt\[. lltrrsr. llltl i1(. 1]t rll(. l(r l('lr)tt';tll, littttllt,: ;utl nrl y ltt l'.thlt I,r\ lll\ tll\\sl \\l lltr. l\' ls lllr.\.1 ll s r' l(.t htll stttr'c lltt'y ('.\lx:l l(:ll(i(: l;tttttttt:. ir'rlily,lt;tl ,lt t;llttr;rltr, ...\fl.lrlrrrll:. l.tek ,rl'srrr.r.ll ilrltr.tttltts ttrttl sot't:tl st'tvlt'cl; llt:ttut: rlrurlily lttlx; t't.r.t''tlcrttl t, Ir.ii..l:lrri';lrc;t: 1-:llrrl.lll sllrcrll1l\,. ('ltotrt'i suhc(ruttly.ll itlr;r i r;rtlr cttttttly, Mualtl'.t pr,,lr;ty;nrl :..\.\\ilJ.ti\ sclrrr.rls x11.1 | lq1rs11l1r llirls lirll irr llrc c:rlc1loty ol'lurrrlslrip ittc;ts lrttl lc;rcltr:r, ttt lltt , s.'lr.'..1s :lt' rlr,\t ('nlo\ ur!: h;trtlshilt il ll()\\':lllcc. il

I'1., l l t'lON ('ON('l':RNlN(; l)lS('lllNlIN,\'l'l()N ll\' !'s( ()N r\SAl, S'l r\ t't ts ()1, trl ('ottN't'\'ANI) N()N-1"\\'t\t t,:N'l' ( )tr I lr\lll)Sllll'r\1,1.() W/\N ('l'l r\Nl) Kil,l ,\l,l,o\\',\N('li 'l o s()l\lli 'r's( ' 'il,:A( 'l I l';l{s lN lill,llrl ('()t lN',l l..N lt,\N(-lit) lt()ttsl.l J.l 'l'llr\'l'.'l'Circhcrs \\'()lking i11 f{;1i11rlri rt.('L'lvc llrc hilllrt:sl ltottse:tllrtrv:tttccs llrllorvcll hy lllosc \rorki g itt lilnrrtr nu ticil):tlilics lltclr lr) trlh('r lirlllrcr llrrllticil);llilies ;lrr(l lilr;rlly llrc krrvcsl pititl illc tlloSC irr rCsCrycs (olltcr lttclts). Sirrril;rrlv. lc;tt'llcts irr lri;llrcr iolr llrottps licl ttl()lc ll()tlsc 0llo\\'ltrccs llr:rrr thcir ctrlllllcl Pilt ls itt lort'r'r lll ')lll)s J.2 1'llr(l'. \\.(. ill)[)rr.ciillc llull l!'llcllcls ryptkirlll irr tVllrlirlrli sttlrcottttly irr M:rlitrrli rlr;ritrr \.luniCiplrlit\ l'(.C(.i\'(' tltc ctlltltttcctl ltttttst':lllotvitltcc l)lll slrlllc sclrtxrls rvillrirr M;rlinrli lorvtt ArC Itll trrrt:15.'5s 51'lltrtrls itrcltrth.'Slrh:tki sccoutlilry scll(x)l' Sirb;rkiprirrlaty sclr(x)l' Maiivtrni prirllar)' sr-'lttrtrl llntl Kilnkorri Pt'illlilr)' sclrtlol 'l'lrcsc lcitcltcrs l)ily llillll r;ltcs of rcnt wilhin Irl:rlintli Il0jor l\luniciprtlil\'\\'hcrc lhcy rcsitlc lhorrgh rrot c(tllsi(lcrc(l lty't'sc to lrc paitl rrltltnnr'.t.tlhtrttst.it|ltrrr.artccl.il.tllajorllltulicipalitics..llrcsclcacltcrsarcpai(lltottscallowancclilr t[c- catr.grlr1' of otltcn/rcscn'c arears in category 4 abovc' J.3 THAT, Teachers working in Kilifi rnrrnicipality, Mlrvapa town and Mariakani lorvn hal'e also been lefi ouf from eanling enhanced hottsc allorvattcc lbr Illajor torvns' 'l'hc totvns are in tourist arears and rent rates are very higlr lilaking teachers unable to pay tor rent with the small amount ofhouse allorvance paid to fhem for the category of otlrcrs for rcserve arears' The tolvns are in municipalities but the teachers are paid house allowarlce with thc category of others in number 4 above. 1.0 THAT, \ 'e hercby confirm tltat rvc have rnade- tltg,h:ql 9if91t lo havc thcse rnatters addressed by r1e Teaclcrs scrvicc cornmission but all of whictr tihve thitea lo ltivc a satisfactory response. 5.0 TllAT, the issues in rcspect o[wlriclr t[c pctilion is ntadc arc tlot pclldiug trcforc atry cotlrt of larv, or couslitutional or lcgal body. Xili/i llrunch ([ficc 3d l'lutr lloon 0l AllJltqltm llnikling' Opxtsitt: l\' fi{ftt /'litonit' lloh:t Xtlii l'ovn PETffpNToTHESANATEBYM^GERET,o'1ALEB.E(E3UTIZESE,RETARYKUPPETKILIFIBRANCH coNcERNINcDIilCRIMINATI)NINA,AL,HARDSHIPALLowANcEANDENHANCEDH?USEALLowANcE fO TEACHERS BY TEACHER SERVICE COMM'SSION. GEcu*s.u*..

I'l Illl(,)n-( ()n"( t,:rtN tN(; l)ls('ltll\ hll ll.t ( r )t tNIl ,\Nt) N( )N-l"tl'l\l !': Nl l,\N( 't.:tl I l( )l lsl'l ,\ !.1,( )\1"\N( 'l'l IN l'l 11 I ll,:ltl,:l( )tll.l. r.orrr lrilrrrl,lc l,(,lrlroll('r:., IrilI lllill llrc rit'tt;rlc rvill. I IlclP rrr irt.t.r.lt.r:rl rtl li llr(. ,t;r/cllr'Il(:rtl ol llr(: lirllrrrvrrrli;ll(:;llri il:l lurlrlslrill:ttc;ts: ('ltott]'i s,lr(.(!,,1\,, lt;rlr;rr strlrr'1ttttll, (;tltllt'ttt :;lllr('(,llllly. llyolttlro illc;l illl(l Mlrr;rliki lsl;rrlrl irll rlrthrrr Killlr ('(rtllll\' ., l\t* rsr(1t l(! llrt l'clrelrers sctyie(.cpllntissi(,tt lo piry lr;rrtlslril, illl(r\v;lllcc lo lc;tcltcrs \\(rrlrlll ttt llt(' ttl('ttli(lllc(l :ll(:;ls itt I :tllrrvc. .i pt()\.tst(|1 lp llrc 'le:rclrcrs .scr yicc t:onlnrissiolr lo plty cttltlltlcc(l llollsc llll(lrv,lllcc l(, t(.irclrcts \\,(rlklt!l irr Mlrr,;r1xr lorvrr (Kilili sorrllt), M;lriirk;rrri lorvrr, Kilili lorvrr (Kilili N.r llr),rrrl s()1lc sc[()ol.\ irr Mirlirrrli lorvtt i.c Sitlxrkisccotltlitry scltool. Slrlllkillrirlrlry selrptrl, N4;riiyurri pritrurr.y sclr()6l ;rrrrl Kilrpk6rri scc()ll(l:lry scltptll. I (irrrsirlc*rti.n ol'lhc rvlrolc ol'Kilili corrrrly rrs ASAI, (Aritl rrrul Scrrti-Aritl l.ittttls ttttrl I*rrrl l. slitll'itrcils) so irs lo itssist lltc tclrulrcrs llclrclil lirtrrr irllirrrr:rlivc ilclioll illl(l ils-sist lll ctrsicr protturliott ol' lcitcltcrs rvillrirt llrc cottrtll'. ANI)'l'lll,: t,ti't't't't ( )N tiR \yt t,l, l,lV l,llt l'lli\1" l):rtcrt tlris.....' /?.1? Kl I ;'1','',' l( t l,t trl llltAN( :l I oFlf l( :l Al, s'l'Al\t l'; ll I l' t;r; .,'::C Ktll,l,l;'l'l(ll,ll;l lllrn N(jlt lixli(:1,'l'lvli sti(jlllt'l'n ll\'-Nto(;liltl'l'l'.o' (iAl'l'll| r;,! jn, !1,',::: N:,:,'/:; i AllJtul.trut lhtthling' I )gxt:ttt' l \' ( llfi'c ; 'titottt' lhtal khf 'lltlln ptnnoN ro THE SANATE ay MOGERE T.o. CALEB-EXE1UT\VE SECRETARY KUPPET KtLlFt BRANCH CONCERNtuc D:SCR,MINATION tN ASAL, HARDSHIP ALLOWANCE ANO ENHANCED HOU9E ALLjWANCE fO fEACHERS BY TEACHER SERVTCE CoMMtsstON' GE CamScanner s,\ t. .s L\ l l ls ( )l'' l) l()s( I 'ts(" I lr 'o I I 202J

.!:l;l_l-l-U )r\-( I)N(-!:,-ljUlN( U,lri( 'll t t\ll N/t'l l( )N lll' 'l s( ' ( )N AsA l,,,s t A-l ! lS-! l!'-!(l l.l lrl ('Ol rN l Y r\Nl) N()N-l'Al't\tl'lN l ()lt ltAltl)Slltl' At,l.()\VAN( l'. n Nl) l':Nlln N('l';l) IOUSt': /\1,1,(r\VAN('!': 'l'() SOI\ll,. lS( l l'.,\( lll';ll)- lN l(ll,ll't ( (,1'N-l-Y. l'l'l'l'l'l'l( )Nl'lll' I )l'l'l'r\ I l's () N ,\l\l I N t.s.( ' Nl ll\l !ll';l( i"251'lll 52,1,1fi2 6firl,l5 78188(, 580523 -s-s83 t 4 t.lr.N() 24221127 24t6fi252 zrtt5.r4tt 32(r51t440 24246326 ?J!33482 t3448815 sr(;]..A', l;l(1. () I 0l 0l (u 05 06 t\l(x Jl.,lll': l ( )ll,\ l\1,\N ()l\l\\ ()\ () (,\l,l.,ll ('.\lll,N,\llIlr\ (X'l ll l';N( i t.,\l I I l\1,\ ,'\ llAsl I'llll,ll'()NlNYl t'1, rl(l)() l)l':Nls ll t Sl'11ll AN.l,\\\'A- \I.,\l: Nll'SAO ]r1,,,. --1- --i ( f /g:. 0i 554tt90

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()8 \tORRIS ClllGtlBn 5_E 9a4 ('( SE(-REI'AR)' GENERAL -KUPPET KENYA SITNATOR KILIFI COUNTY \AI'IO\A L CIIAIIII\1AN-KUPPET KENYN ]\IP IIA BA I CONSI'I'I-UENCY ITII' KI I.Ih I NOTTTII CONSTITUENCY f\l P Kl 1.ft- l SOU' f I I (-'ONSI'I'I'tJIiNCY N/tI' K A t.Ol,riNI (-'oNs'l'I'r'llIiNC'Y Mt, G ANZL: (-'ONS'll',I'l /EN(.'y Nfl' Mn GAIltNl (i()UNs'l'l'f 'l,IiN(iY l\tP Kll,ll'I (.'oI.JN'I y (woMltN Itlil'lll':sliN'l'A'l'lvli l(ll'll;l (lot'N'l'\') K fi llrunch O/lit'e 3't l'hnr lknn (tl AlUltty'.+rn ltuihltny- ( )1ryxtsttc I * ('o![t / lituntc llokl kh! 'l ovn .NNON TO THE SANATE BY MOGERE T.O. CALEE.EXECUTIVE SECRETARY KUPPET KILIFI BRANCH )NCERNING DISCRIM'NAflAN N ASAL, HARDSHIP ALLOWANCE AND ENHANCED HOUSE ALLOWANCE ) TEACHERS BY TEACHER SERVICE COMMISSION. GE cu.s.unn".

ANNEX 3 Reports from the Cabinet Secretaty, Ministry of Public Service and Human Capital Development

l MINISTRY OF PUBLIC SERVICE, PERFORMANCE AND DELIVERY MANAGEMENT RESPONSE TO PETITIONS BEFORE THE SENATE STANDING COMMITTEE ON EDUCATION SUBMITTED BY THE CABINET SECRETARY, MINISTRY OF PUBLIC SERVICE, PERFORMANCE AND DELIVERY MANAGEMENT 2nd NOVEMBER, 2023 l lPage REPUBLIC OF KENYA

PETITIONS BY KENYA UNION OF POST PRIMARY EDUCATION TEACHERS (KUPPET). KILIFI BRANCH AND KENYA NATIONAL UNION OF TEACHERS (KNUT) - TArrA TAVETA BRANCH INTRODUCTION Hon. Chairman, I take this opportunity to thank you and Hon' Senators of the Senate Standing Committee on Education for inviting me to respond to the following two Petitions: 1. Petition by Kenya Union of Post Primary Education Teachers (KUPPET), Kilifi Branch regarding the alleged discrimination by the Teachers seruice commission (TSC) on payment of hardship allowance and enhanced housing allowance to teachers in Kilifi County, repofted to the Senate on ThursdaY,2T'h July, 2023; and 2. Petition by Kenya National union of Teachers (KNUT), Taita Taveta Branch concerning discrimination in the payment of hardship allowance to teachers in Taita Taveta County, reported to the Senate on WednesdaY, 2oth SePtember, 2023. Hon. Chairman, allow me to respond as follows: Background [. Designated hardship areas in the Public Service for purposes of payment of hardship allowance are remote areas categorized as lacking or having inadequate basic social seruices, amenities and infrastructure. Prior to 1997, the Civil and Teaching Services had similar designated Hardship Areas, which included the former North Eastern Province (Wajir, Mandera & Garissa), samburu, Isiolo, Lamu, Marsabit, Tana River, west Pokot, Turkana and Northern area of Baringo. This comprised of eleven (11) fairly distinct hardship areas. 2lPage I

Hon. Chairman, iii. Designation of such areas was undertaken in consultation with the Office of the president - the then Directorate of Personnel Management and Provincial Administration and Internal Security' iv. In 1997, the Minister for Education through Legal Notice No' 534 of 1lth November, 1997 Gazetted an additional twenty-five (25) Hardship Areas for the Teaching Service following a recommendation by the Teachers Service Remuneration Committee. This followed a Collective Bargaining Agreement with the Kenya National Union of Teachers. The recommendation was based on the agreement that teachers work in more remote areas as compared to Civil Servants who are mostly posted to District and Divisional Headquafters. v. In 2005, the number of designated Hardship Areas for the Teaching Service was increased from thirty-six (36) to the current forty-four (44) as indicated in Appendix I (attached). vi. Currently, the Civil Service (National and County Governments) have sixteen (16) Designated Hardship Areas as shown in Appendix I (attached), while the Judiciary has twenty-one (21) areas designated as hardship based on location of the law courts as shown in Appendix I (attached)' Constitution of an Inter-Agency Technical Committee to address existing disparities Hon. Chairman, i. The Government in cognizance of the existing disparities in designated hardship areas in the Public Service and in order to address the same, across the Public Service and to promote fairness and parity of treatment of Public Servants, the Ministry of Public Service and Gender vide letter Ref: MPYG.DPSM.HRM/2/UsfiY (30) dated 21't March, 2019 constituted an Inter-Agency Technical Committee' ii. The Inter-Agency Committee comprised representatives from the Ministry of public Service and Gender, Ministry of Interior and Co-ordination of National 3lPage

iii. Government, Ministry of Education, The National Treasury and Planning, the Judiciary, public Service Commission, Teachers Service Commission, Salaries and Remuneration Commission, Commission on Revenue Allocation, the Kenya National Bureau of statistics (KNBS) and the council of Governors' Terms of Reference for the Inter- Agency Technical committee The Terms of Reference for the Committee were as follows: - i. Study the current policies and applicable Circulars on Designated Hardship Areas and payment of Hardship Allowance in the civil service; ii. Undertake a comparative analysis of other existing policies on Designated Hardship Areas and payment of Hardship Allowance in the Public Service and other jurisdictions; ili. Study the issues in petitions presented to the National Assembly on the matter of Designated Hardship Areas and payment of Hardship Allowance to Public Servants; iv. Study concerns raised by the Union of Kenya Civil Servants (UKCS) regarding Designated Hardship Areas and payment of Hardship Allowance as provided in the Collective Bargaining Agreement (CBA), 2017; v. Address any other issues incidental to the matter on Designated Hardship Areas and payment of Hardship Allowance; and vi. Prepare a Report on the study with recommendations and way forward on categorization of Designated Hardship Areas and payment of Hardship Allowance. Status of Country wide data collection exercise on Designated Hardship Areas Hon. Chairman, The Inter-Agency Technical Committee undertook country wide field visits and surveys and prepared a report awaiting submission to the Cabinet for approval' 4lPage

Status of Kilifi CountY Currently in Kilifi County, Ganze Division is the only area designated as hardship for Teachers under the Teachers Seruice Commission' Kilifi County was visited by the Inter Agency Technical Committee during the data collection exercise and will be assessed against the criteria set by the Kenya National Bureau of Statlstics to determine whether it qualifies for designation as a hardship area. Status of Taita Taveta CountY Currently, the entire Taita Taveta County, is designated as hardship area for Teachers under the Teachers Seruice Commission' Criteria used to Categorize Designated Hardship areas Hon. Chairman, The Kenya National Bureau of Statistics (KNBS) identified and weighted seven (7) parameters in the FY 2008/2009 which were re-examined in FY 201912020 to guide the determination and re-categorization of hardship areas. The parameters are: food, water, transport & communication services, social services, climate & terrain, security and poverty index. Hon. Chairman, These parameters are explained as follows: a) Food - Unavailability and Inaccessibility Food is a basic need for human beings and therefore a necessity. Lack/inadequate food in any working environment demotivates workers and may lead to loss of productivity. Hon. Chairman, Factors considered under the criteria include: whether the area receives relief food/or not, availability of a market place, agricultural productivity, cost/expense on food and distance to food markets. 5lPage

b) Water - Unavailability and Inaccessibility Water is a basic human need and supports the achievement of other basic needs such as health. Any worker therefore requires the availability and accessibility of water in order to perform assigned duties optimally' Hon. Chairman, The factors used are as follows: availability of piped water, whether area gets water from seasonal rivers/borehole, whether area has permanent river, private water tanks supply water to the area and distance to water points' c) Transport and Communication Services - Inadequacy An effective transport system is fundamental in enabling sustainable economic development. Transport facilitates the movement of people, goods, services and resources and improves access to markets. Transport is also essential for providing access to basic public services, such as health and education. The factors considered under the criteria include: availability of /distance from tarmac roads, availability of /distance from all-weather roads, availability of /reliability of mode of public transport, roads accessibility during rainy season and mobile phones connectivity. Hon. Chairman, d) Social sewices - Unavailabitity and Inaccessibility Schools and health facilities (among other social services- Electricity, Housing, Banks) are Integral part of any community and are best located close to these communities' The factors considered under the criteria include: availability of / distance from schools, availability of /distance from hospitals/health facilities, availability of electricity, availability of housing facilities and availability of /distance from Ban(Postal services. 6lPage

1 e) Climatic conditions and Terrain Hon. Chairman, Factors considered under the criteria include: availability of rainfall, whether the region is arid / semi- arid, hot and dry, terrain of the area and floods during rainy f) Security/ High possibility secu rity threats Factors considered under the criteria include: human and wildlife conflict, band itry/cattle rustling/snakes. Hon. Chairman, g) Severity of Povefi Widespread existence of poverty in an area affects the development of the area. The availability of social amenities would be limited if an area is very poor. Hon. Chairman, Regarding the payment of hardship allowance and enhanced housing allowance for teachers in Kitifi county and Taita Taveta county Gazettement of the hardship areas and implementation of the designated hardship areas will therefore, be undertaken upon approval by the Cabinet' The issue of enhancement of house atlowance for teachers in Kilifi County falls within the mandate of the Teachers Service Commission (TSC) and the Salaries and Remuneration Commission (SRC). The house allowance rates approved by the SRC are applicable to all public officers as per the region of deployment of the officers' CONCLUSION Hon. Chairman, once again, I thank you for this opportunity to appear before the Senate Standing Committee on Education to respond to the Petitions regarding payment of hardship allowance and enhanced housing allowance to teachers in Kilifi and Taita Taveta Counties. TlPage season

I Hon. Chairman, the Ministry of Public Service, Peformance and Delivery Management looks forward to continued partnership with the Senate and will continue undertaking its mandate of guiding the Service and creating the enabling work environment for efficient and effective service delivery to all citizens. I hereby submit, Hon. Moses K. Kuria, HSC CABINET SECRETARY l\&F \.--l 8lPage

Appendix I Teaching Seruice and the Designated Areas in the Public Seruice (Civil Seruice, Judiciary) COMP ARlsoN OF IIARDSHIP DESIGI.IATED AREAS lN PUBLIC SERVICE 1 Tana Ri\6r 2 Lamu 3 Garissa 4 Wajir 5 f\,landera 1. Oaadab 2. Garlssa 3. Garaon 4. Habaswein 5. Hola 'l Suba 2 Kutia 3 BiJsia ,{ Kajiado 5 Nakuru Entire County Entire County Entir€ Co!nty Entire County Entire County Entiro County Entjro County Entjre County EnUre County Entiro County Entire County Entiro County Entiro County EEludes Koibatek Sub-county Tinderot Sub-county only iranyaniAroa in Ngolia Ward Town/Contre Town/Contre Town/CenEo Town/Cenfe Town/Contre Town/Conbe Town/Conbe TotYn/Cgnro Town/Centre Laikipia Kitui Kitill K€ilo lvbrakwot Kwal6 Trans Mara t i,ving i Tharaka irangano and Rusihga lslandg K6gonga Olvision Budal6ngi Divi6ion Entrg District [bogoini and i/hkongoni Divislons (low€r Solai) Enti16 District Entire District Ganz. Oi\,ision Enti16 District Entir6 District Klnango and Ssmburu Ol\,ision8 Endro District En6.0 Districl Enti.e District 6 iJarsabit T lsiolo 8 irakuena g Turkana 10 Wosl Pokot 1, Samburu '12 Elg€)o l3 Laikipia 14 Baringo 6. Kab6met 7. Kakuma 8. Kapenguria 9. Kehancha 10. Kyuso I 1 Lamu 12. Lodwa. 13. Mandora 14. [,lararal 6 7 8 9 10 11 12 14 15 Nandi 16 Tail,a Ta\Eta 15. tirarirhanti Town/Contre 15 Meero Entire Dislrict 16. Marsabat Town/Cont o 16 tJalindi i,,la g a rin i, t\,la rafa and Kakononi Division 17. [,loyale 1 8. lvtutom o 19. I r/angi 20. Ta\Eta Town/C6ntrg Town/Conuo Town/Cenb6 Town/Cgntre 21.WaI/, Town/Cent o - Yatta and i/bsinga Divi6ion KleniOi\rsion Ndoi!r6 and Karai locations irbkuw Di\ision Nlahuru.u High school Nyandarua Boarding Primary Di!isions ltuhoroni Valloy and Sondu Divisions Kskuzi Di\,ision Kimg'orom Oi\,i3iong Esstgrn irau, Oaupuko,ibr6,Loib ahd Southem Oulunga Divielons Entire Dist ict Entiro District Entiro District Entro District Entir€ District Entiro District Enliro Dislict Entiro District Enli16 Oistrict Enti16 Oistnct Entiro District Enlirs Distnct Entiro Oistdct Enliro Distnct Entiro Oist icl Tindorot Dlvislon ltutJatr,Ndololi snd lgombo EaEl Di\isions: guuri.Giika locelions; Linjoka,Ankamis Sub -localions; Anung'enti,Thangaths,l\tumui, Kiujulin€ and Akithl zon€s 17 '18 '19 20 21 22 23 24 25 26 27 [,lachakos N)€ri Kiambu lllaragwa N)aandarua Nyandarua Koricho Kisumu Thika Koibatek Narok 26 t\rakuoni 29 lsiolo 30 ttloyale 31 til6rsabit 32 Garissa 33 i/bndora 34 Wajir 35 Lamu 36 Tana Ri\tr 37 Tsita Tawta 38 Baringo 39 Samburu 40 Turk6na 41 Wost Pokot 42 liala 43 Nandi 44 i,loru North (Nlamben€) 9lPage St!tu. [own/Centrc Town/Ccntre Town/Ccntrc Town/Ccnt e Town/Centrc Torchera Sorvlce Commitalon Total:44 Araas Total: '16 &oaE

t Appendix II WEIGHTED CRITERIA FOR RE-EXAMINATION OF HARDSHIP AREAS (edited 2020/03/19) 2. 3. 4. 5 2.5 2.5 2.5 2.5 5 2.5 2.5 5 1 25 5 5 5 5 5 15 ) 3 3 3 3 4 4 4 4 15 3 3 3 15 3 3 o 5 6 7 Food - Unavailability and Inaccessibility Yes i) Area on (perpetual) relief food None ii) Availability of market Place Long iii) Average Distance to food markets High iv) Cost of food expensive Low None i) Availability of PiPed water Yes ii) Area gets water from seasonal rivers/borehole/springs None iii) Area has permanent river Yes iv) Private water tanks/vendor supply water to the area Long v) Average Distance to water Point Transport and communication Service - Inadequacy None i) Availability/Distance of tarmac roads None ii) Availability/Distance of all-weather roads None iii) Mobile-phoneconnectivity None iv) Availability/Reliability of mode of public transport Yes v) Roads impassable during rainy season Social Services - Unavailability and Inaccessibility None i) Schools are available/Distance None Availability/Average Distance of Bank/Postal services ii) None iii) Availability/Distance of hospitals/health facilities None iv) Electricity available None for Public Servants / Availability of housing facilities v) Housing climate and Terrain - Harshness Yes i) Area dries with erratic rainfall Yes ii) Area gets flooding during rainy season Yes iii) The region is hot and dry Yes iv) The region is semi- arid Yes v) Difficult terrain (mountainous with deep gullies) Security - High Possibility of Threats Yes i) Human wildlife conflict Yes ii) Banditry / cattle rustling High Index Poverty - Severity l0 lPage Sno I Criterion How to Give Full Mark weight v) Low agricultural productivity of the area/ supply of food water - Unavailability and Inaccessibility ljl r L 3 20 4 I + 1- E 100 TOTAL

E SEI\rAA-E I*. ]5A ETVEtr) a7 MAY 202q t) I Rt.c.ta )p cc,M]\4 tT_l_EE S E R\,, ajts (DsEcl T-T*I o RESPONSE TO A PETITION BEFORE THE SENATE STANDING COMMITTEE ON EDUCATION SUBMITTED BY THE CABINET SECRETARY, MINISTRY OF PUBLTC SERVTCE, PERFORMANCE AND DELIVERY MANAGEMENT 7th May,2024 o REPUBLIC OF KENYA MINTSTRY OF PUBLIC SERVTCE, PERFORMANCE AND DELTVERY MANAGEMENT

1 PETITION CONCERNING PAYMENT OF HARDSHIP ALLOWANCE TO TEACHERS IN KILIFI AND TAITA TAVETA COUNTIES INTRODUCTION Hon. Chairman, I take this opportunity to thank you and Hon, Senators of the Senate Education Committee for once again inviting me to respond to this Petition regarding payment of Hardship Allowance to teachers in Kilifi and Taita Taveta Counties. Following the Ministry's earlier submission on 1$ November, 2023,I take note that your Committee has requested for additional information to provide fufther clarifications on the following four issues: The list of all designated hardship areas for the teaching seruice, the current legal and poliry framework used to pay hardship allowance and the criteria used and considered for an area to be classified as a hardship area; 2. Explain why areas in Taveta sub-county, Taita sub-county and Rong'e Zone are not designation as hardship areas for teachers in the area to be eligible for hardship allowance despite satisfying the conditions to be designated as such; :, rl 3. Enumerate efforts and strategies employed by the Ministry for PubliC Service to ensure public servants deployed in Taveta sub-county, Taiti' . .lh sub-county and Rong'e Zone beneflt from hardship allowance; .,;i .ir 4. The implementation status of the repoft of the Inter-Agency Technical Committee established in March 2019 to study the prevailing policies, circulars and guidelines on designated hardship areas and payment of hardship allowance. Hon. Chairman, allow me to respond as follows:

,1. a) The list of al! designated hardship areas for the teaching seruice The list of all designated hardship areas for the teaching seryice are as follows: DESIGNATED HARDSHIP AREAS FOR TEACHERS SERVICE COMMISSION o o f S/No. Area Status 1 Suba Mfangano and Rusinga Islands 2 Kuria Kegonga Division 3 Busia Budalangi Division 4 Kajiado Entire District 5 Nakuru Mboqoini and Makonqeni Divisions (Lower Solai) 6 Laikipia Entire District 7 Kitui Entire District 8 Kilifi 9 Keiyo Entire District 10 Marakwet Entire District 11 Kwale Kinango and Samburu Divisions 72 Entire District 13 Mwingi Entire District t4 Tharaka Entire District 15 Entire District 16 Malindi Maqarini, Marafa and Kakoneni Division Machakos Yatta and Masinga Division 18 Nyeri Kieni Division 19 Kiambu Ndeiya and Karai Locations 20 Maraqwa Makuyu Division 2l Nyandarua Nyandarua High School 22 Nyandarua Nyandarua Boarding Primary 23 Kericho Muhoroni, Fort Ternan, Soin and Sondu Divisions 24 Kisum u Muhoroni Valley and Sondu Divisions 25 Thika Kakuzi Divisions 26 Kimgbrom Divisions 27 Eastern Mau, Osupuko, Mara, Loita and Southern Olulunga Divisions 28 Makueni Entire District 29 Isiolo Entire District 30 Moyale Entire District 31 Marsabit 32 Garissa 33 Mandera Entire District 34 Waiir Entire District 35 Lamu Entire District 36 Tana River Entire District 37 Ta ita Taveta Entire District Baringo Entire District Samburu Entire District 40 Turkana Entire District 47 West Pokot Entire District 42 Ijaara Entire District 43 Nandi I rnderet Division 44 Meru North (Nyambene) Mutuati, Ndoleli and Igembe East Divisions Buuri, Giika Locations Linjoka, Ankamia Sub Locations Amunq'enti, Thanqatha, Mumui, Kiujuline and Akithi Zones Total : 44 Areas Ganze Division Trans Mara Mbeere L7 Koibatek Narok Entire District Entire District 3B 39

b) The current legal and policy framework used to pay hardship allowance The current legal and poliry framework used to pay hardship allowance is Salaries and Remuneration Commission (SRC) Circular Ref No. SRC/ADM/CIR/U13 Vol. IiI (126) of 10ft December 2014 which stipulates the rates of payment of hardship allowance in the Public Service Appendix III. Hon. Chair, c) The criteria used and considered for an area to be classified as a hardship area The Kenya National Bureau of Statistics (KNBS) identified and weighted seven (7) parameters to guide the determination and re-categorization of hardship areas. The criteria used and considered for an area to be classifled as a hardship area are food, water, transport & communication services, social services, climate & terrain, security and poverty index as shown in Appendix ff. 2. Explain why areas in Taveta sub-county, Taita sub-county and Rong'e Zone are not designation as hardship areas for teachers in the area to be eligible for hardship allowance despite satisfying the conditions to be designated as such. Hon. Chair, The process of reviewing Designated Hardship Areas and rates of Payment for Hardship Allowance has not been finalized. The Inter-Agency Technical Committee Report has been submitted to the Salaries and Remuneration Commission (SRC) for concurrence and subsequent approval by the Cabinetl 3. Enumerate effofts and strategies employed by the Ministry flr Public Seruice to ensure public seruants deployed in Taveta sub- county, Taita sub-county and Rong'e Zone benefit from hardship allowance. .t Hon. Chairman,

o o Hon. Chairman, Background i. Designated hardship areas in the Public Service for purposes of payment of hardship allowance are remote areas categorized as lacking or having inadequate basic social services, amenities and infrastructure, ii. Prior to 1997, the Civil and Teaching Services had similar designated Hardship Areas, which included the former North Eastern Province (Wajir, Mandera & Garissa), Samburu, Isiolo, Lamu, Marsabit, Tana River, West Pokot, Turkana and Nofthern area of Baringo. This comprised of eleven (11) fairly distinct hardship areas. Hon. Chairman, iii. Designation of such areas was undertaken in consultation with the Office of the President - the then Directorate of Personnel Management and Provincial Administration and Internal Security. iv, ln L997, the Minister for Education through Legal Notice No, 534 of 11th November, 1997 Gazetted an additional twenty-five (25) Hardship Areas for the Teaching Seruice following a recommendation by the Teachers Service Remuneration Committee. This followed a Collective Bargaining Agreement with the Kenya National Union of Teachers. The recommendation was based on the agreement that teachers work in more remote areas as compared to Civil Seruants who are mostly posted to District and Divisional Headquarters, v. In 2005, the number of designated Hardship Areas for the Teaching Seruice was increased from thirty-six (36) to the current forty-four (44) as indicated in Appendix L vi. Currently, the Civil Service (National and County Governments) have sixteen (16) Designated Hardship Areas while the Judiciary has twenty- one (21) areas designated as hardship based on location of the law courts as shown in Appendix L Constitution of an Inter-Agency Technical Committee to address existing disparities Hon. Chairman, i. The Government in cognizance of the existing disparities in designated hardship areas in the Public Service and in order to address the same, across the Public Service and to promote fairness and parity of treatment of Public Seruants, the Ministry of Public Service and Gender vide letter

Ref: MPYG.DPSM.HRM/2IY5|TY (30) dated 21s March, 2019 constituted an Inter-Agency Technical Committee. ii. The Inter-Agenry Committee comprised representatives from the Ministry of Public Service and Gender, Ministry of Interior and Co-ordination of National Government, Ministry of Education, The National Treasury and Planning, the Judiciary, Public Service Commission, Teachers Seruice Commission, Salaries and Remuneration Commission, Commission on Revenue Allocation, the Kenya National Bureau of Statistics (KNBS) and the Council of Governors. Terms of Reference for the Inter- Agency Technical Committee The Terms of Reference for the Committee were as follows: - il. ilt. IV vt. Study the current policies and applicable Circulars on Designated Hardship Areas and payment of Hardship Allowance in the Civil Service; Undertake a comparative analysis of other existing policies on Designated Hardship Areas and payment of Hardship Allowance in the Public Service and other jurisdictions; Study the issues in petitions presented to the National Assembly on the matter of Designated Hardship Areas and payment of Hardship Allowance to Public Seruants; Study concerns raised by the Union of Kenya Civil Servants (UKCS) regarding Designated Hardship Areas and payment of Hardship Allowance as provided in the Collective Bargaining Agreement (CBA), 2017; Address any other issues incidental to the matter on Designated Hardship Areas and payment of Hardship Allowance; and Prepare a Repoft on the study with recommendations and way forward on categorization of Designated Hardship Areas and payment of Hardship Allowance. ,Status of Country wide data collection exercise on Designated Hardship Areas Hon. Chairman, The Inter-Agenry Technical Committee undertook country wide field visits and surveys and prepared a report awaiting submission to the Cabinet for approval.

!tl Hon. Chairman, Regarding the payment of hardship allowance for public seruants deptoyed in Taveta Sub-County, Taita Sub-County and Rong'e Zone. Determination of designation of the specified areas as hardship and payment of hardship allowance shall be done upon approval by Salaries and Remuneration Commission (SRC) and the Cabinet. 4. The implementation status of the repoft of the Inter-Agency Technical Committee established in March 2019 to study the prevailing policies, circulars and guidelines on designated hardship areas and payment of hardship allowance. Hon. Chairman, the report on the review of designated hardship areas and rates for hardship allowances has been submitted to the Salaries and Remuneration Commission (SRC) for consideration. Once a response is received from SRC, the report will then be forwarded to Cabinet for approval. CONCLUSION I hereby submit. Hon. Moses K. Kuria, HSC CABINET SECRETARY G o Hon. Chairman, once again, I thank you for this opportunity to respond to the Petitions regarding payment of hardship allowance and enhanced housing allowance to teachers in Kilifi and Taita Taveta Counties.

Appendix I Designated Areas in the Pubtic Seruice (Civil Seruice, Teaching Seruice and the Judiciary) COMPARISON OF HARDSHIP DESIGNATED AREAS IN PUBLIC SERVICE 6 irarsabit T lsiolo 8 irakueni 9 Turkana 10 Lhst Pokol 11 Samburu 12 Elgelo 13 Laikipia '14 Baringo Entire County Entire County Enlire County Entire County Entire County Entire County Entire County Entire County Entjre County Entire County Entire County Entire County Entire County Boludes Koibatak Sub-county 'linderet Sub-county only l,lanl/aniArea in Ngolia Whrd '1. Oaadab 2. Garissa 3. Garsen 4. Habaswein 5. Hola Town/Centre Town/Cenfe Town/Cenfe Town/Cente Town/Centr6 Town/Centre Town/Centrg Town/Centre Town/Centre Town/Centre Town/Centre Town/Centre Town/Centre Town/Cenbs irangano and Rusinga lslands Kegonga Di\,ision Budalangi Di\ision Entire Distric,t iibogoini and lrakongeni Di\isiong (lower Solai) Entire District Entire Disbict GanzE Di\,ision Entire Disticl Entire District Kinango and Samburu DiMsions Entire Distict Entire District Entire Distrid 1 3 4 Suba Kuria Busia Kajiado Nakuru Laikipia Kitui KiIifi Keil,o lrara kwet Kwale Trans irara i^,vingi Tharaka 6. Kabamet 7. lGkuma 8. Kapenguria I Kehancha '10. KWso 11. Lamu 12. Lodwar 13. lvlandera 14. irlararal 6 7 I 9 10 11 12 13 14 15 Nandi 16 Taita Ta\€ta 15. tlarimanti Town/Centre 15 lvbeere Entire Oistrict 'l6. rvtarsabit Town/Cenbe 16 iiElindi lv'lagarini,t arata and Kakoneni Di\,ision 17. iroyale '1 8. i,tutom o 19. tl^/vin9i 20. Taleta 21.Wajn Town/Centre Town/Centre Town/Centre Town/Cenf6 Town/Centse irachakos N)€ri Kiambu lraragwa Nyandarua Nyandarua Kericho Kisumu Thika Koibat6k Narok 17 18 19 20 2',\ 22 23 24 26 27 Yatta and llasinga Di\ision Kieni Division Ndeila and Karai locations [rakuw Di\ision Nfahururu High school Nyandarua Boarding Primary Oi\,isions Lit/horoni Valley and Sondu Di\,isions Kakuzi Di sion Kimg'orom Di\,isions Eastam irau, Os u pu ko,l'rara, Lo ita and Soufi em Olulunga Di\.isions Entire Disirid Entire Distict Entire Disbict Entire Districi EntirE Distict Entire Distict Entir6 Disticl Entire Distid EntirE Disticl Entire Disbid Entir€ Dis[ici Entirs Distrid Enti16 Disbid Enti16 Disbict Entir€ Distrid Tinderet Di\,ision titutuati,Ndolsli and lgembe East Di\,isions; Buuri,Giika locaiions; LinjokaAnkamia Sub -locations: Am ung'snti,Thangatha,litumui, Kiuiulin€ and AkithiDnes 28 i/tskueni 29 lsiolo 30 i/bFle 31 i,larsabit 32 Garissa 33 i,landera 34 Wajir 35 Lamu 36 Tana Ri\er 37 Taita Tawta 38 Baringo 39 Samburu 40 Turkana 41 lGst Pokoi 42 ljara 43 Nandi 44 l',1eru Nortir (Nyambone) lt 'Civil Serviie/ Parastatal Judicial Se:'vic e Com mission Teaihers Servlce Commission Status 1 Tana Ri\Er 2 Lamu 3 Garissa 4 ! bjir 5l\randsra Status Status

Appendix II WEIGHTED CRITERIA FOR RE.EXAMINATION OF HARDSHIP AREAS (edited 2020/03/19) a 25 5 5 5 5 5 15 3 3 3 1 2. 3 20 3 15 4 4 4 4 4 3 3 3 J o 5 15 2.5 2.5 2.5 2.5 5 2.5 2.5 5 5 6. 7 Food - Unavailability and Inaccessibility Yes i) Area on (perpetual) relief food None ii) Availability of market place Long iii) Average Distance to food markets High iv) Cost of food expensive Low v) Low agricultural productivity of the area/ supply of food Water - Unavailability and Inaccessibility None i) Availability of piped water Yes ii) Area gets water ftom seasonal rivers/borehole/springs None iii) Area has permanent river Yes iv) Private water tanks/vendor supply water to the area Long v) Average Distance to water point Transport and Communication Service - Inadequacy i) Availability/Distance of tarmac roads None ii) Availability/Distance of all-weather roads None iii) Mobile-phone connectivity None iv) Availability/Reliability of mode of public transport Yes v) Roads impassable during rainy season Social Services - Unavailability and Inaccessibility None i) Schools are available/Distance None ii) Availa bi lity/Average Dista nce of Ban(Postal services None ii i ) Availa bility/Dista nce of hospita ls/health facilities None iv) Electricity available None v) Housing for Public Servants / Availability of housing facilities Climate and Terrain - Harshness Yes i) Area dries with erratic rainfall Yes ii) Area gets flooding during rainy season Yes iii) The region is hot and dry iv) The region is semi- arid Yes v) Difficult terrain (mountainous with deep gullies) Security - High Possibility of Threats Yes i) Human wildlife conflict Yes ii) Banditry / cattle rustling High Index Poverty - Severity Sno Weight 4. 3 How to Give Full Mark Criterion None Yes TOTAL l 100

Appendix III Salaries & Remuneration Commission Rewarding productivity Ref. No: SRC/ADM/CIR/1/13 Vol. lll (126) Attorney General Controller of Budget Auditor General All Principal Secretaries/Accounting Officers Chief Registrar of Judiciary Director of Public Prosecutions Clerk, of the Senate; Clerk, National Assembly Secretaries, Constitutional Commissions Vice-Chancellors of all Public Universities Secretaries County Public Service Boards Secretary, State Corporation Advisory Committee Chief Executives of All State Corporations and Statutory Bodies Clerk, County Assembly Service Boards County Secretaries, County Governments 1Oth December, 2014 REVIEW OF ALLOWANCES IN THE PUBLIC SERVICE The Salaries and Remuneration Commission in fulfillment of its mandate of reviewing remuneration and benefits for public officers embarked on a study of all allowances payable in the Public Service. The study was concluded in September 2014 and the Commission has analyzed the report and adopted positions as a way forward. The results of the study on allowances revealed that there exist significant variations on allowances payable across Public Service institutions in Kenya. The variations range from duplications and wide disparities (both vertical and horizontal) to varied eligibility criteria for payments that hamper harmonization and standard ization. SBG - =-\

, Arising from the study findings therefore, the Commission adopted the following positions; the Commission will consolidate allowances that perform similar functions but have different names, abolish allowances whose rationale is redundant or the purpose of paying them overlaps with that of the basic salary and restructure allowances whose attached economic valUe/rates are not commensurate with the intended purpose and opt for a better method of compensation. However, for purposes of rationa lization. harmonization, standardization, equity, fairness, compensation for the cost of living adjustment and regulation in the Public Service, some allowances have been reviewed. Critical Allowances From the results of the study, the following critical allowances with high levels of disparities in the Public Service were identified for review to; harmonize them (both vertically and horizontally) across the Service, to compensate for the cost of living that has appreciated considerably and to standardize and regulate their application. These allowances include; House Allowance, Hardship Allowance and Subsistence Allowances. Details of the reviews are as follows. Page 1 of 10 a o

1 Hardship Allowance ln an effort to compensate for the cost of living and for attraction of skills to Hardship areas in the Republic, the Commission has reviewed hardship allowance to be paid at a flat rate for all equivalent grades across the Public Service both at National and County Governments. Subsequently, The Commission has abolished pegging the allowance as a percentage of basic salary. The approved rates of Hardship Allowance are shown in Table 1. Table 1: New Rates of Hardship Allowance Civil Service Job Groups and Rate of hardship Allowane P.m A 2,800 B 3,000 3,000 D E 3,700 F 4,300 5,700 H 6,600 J 8,200 K '10,900 L N4 14,650 N I 7,100 P 27,300 o K 38,1 00 a 45,000 T 60,000 NB: An elected or nominated State officer shall not be in receipt of any HardshiP Allowance 2. House Allowance The Commission has reviewed house allowance payable to all public Servants. This review has been done to eliminate the existing disparities (both vertically and horizontally) in the payment of house allowance and to compensate for the cost of housing that has appreciated considerably since the last review of the allowance in the year 2001. The Public Servants whose existing rates of house allowances are above the rates provided shall retain at existing levels until or unless otheruise revlewed by the Commission while Public Servants whose existing house allowances are below the approved rates to adopt the new rates. The reviewed rates of house allowance are shown in Table 2. Witliamson House 6th Floor, Nairobi, Kenya Box 43126 - 00100 info@src.co.kc Phone: (20) 271007113 Mobile: 0731 210065,0756 200065,0705 92637'l Equivalent Grades 3,300 12,300 31,500 s- Page 2 of 10

o o Table 2: New House Allowance Rates 3 Daily Subsistence Allowance (Local Travel) The Commission noted from the results of study that there were different circulars in the Public Service providing different rates for subsistence allowance. Subsequently, for purposes of standardization and regulation of the application of this facilitative allowance in the Public Service, the Commission has decided that all the allowances in the Public Service that are paid to facilitate officers to attend to official assignments away from their duty stations within the country be renamed Daily Subslstence Allowance (Local travel) and be paid at the rates shown in Table 3. 1 2 3 4 5 6 Job Nairobi County Headquarters @unty Headq uarters Odter County Headquarhrs and all other areas Kisum L!, Malindi, lGlifi, tamu, Kwale & Naivasha Nyeri, Eldoret Kericho, Kakamega, Kisii, Embu, Nanyuki, Current New Current New C u rrent New Current NEW A 3,000 3,750 2,500 3,125 2,000 2,500 1,800 2,250 B 3,000 3,750 2,500 3,125 2,000 2,500 1,800 2,250 c 3,000 3,750 2,500 3,125 2,000 2,500 1,800 2,250 D 3,300 4,125 2,700 3,375 2,200 2,750 1,900 2,375 E 3,500 4,500 2,900 3,730 2,300 2,960 2,100 2,700 F 3,500 4,500 2,900 3,730 2,300 3,000 2,100 2,700 5,000 6,750 3,500 4,500 3,000 3,8s0 2,300 3,200 H 5,000 6,750 3,500 4,500 3,000 3,850 2,300 3,200 J 6,000 't 0,000 4,500 7,500 3,500 5,800 3,000 4,200 10;000 16,500 8,000 12,800 6,000 9,600 5,000 7,500 L 20;000 28,000 15,000 22,000 12,000 16,500 10,000 13,000 fuI 20,000 28,000 15,000 22,000 12,000 16,500 10,000 't 3,000 N 24,000 35,000 17,000 25,500 13,000 18,000 11,000 15,400 P 40,000 45,000 20,000 28,000 15,000 21,000 12,000 16,800 o 40,000 45,000 20,000 28,000 15,000 21,000 12,000 16,800 R 40,000 50,000 20,000 3s,000 15,000 25,000 12,000 20,000 5 60,000 60,000 56,000 56,000 52,000 52,000 T 80,000 80,000 Jog Group (Civil Service & State Officers Grades' Nairobi, Mombasa, Kisumu, Malindi, Kilifi , Lamu, Kwale & Nyeri, Eldoret, Kericho, Kakamega, Kisii, Embu, Nanyuki, Nakuru Lodwar& AI Other Towns F4 22,000 18,000 12,000 U-V FI, F2, E5 18,200 12,600 10,500 S-T E3, 12,600 10,500 P.R E2,E1,05 't 4,000 10,500 8,400 K-N o4 11,200 8,400 7,000 F.J 6,300 4,900 4,200 A.E 4,200 3,500 2,'100 Page 1 of 1 NB: This review does not apply to State officers Table 3: New Rates of Daily Subsistence Allowance (Local travel) See Table 5 tor delinition of State Otficer Grading. G K Cluster 1 Cluster 2 Cluster 3 16,800

4 Daily Subsistence Allowance (Foreign Travel) Similarly, the Commission has decided that all the allowances in the Public Service that are paid to facilitate officers to attend to official assignments out of the country be renamed and called Daily Subsistence Allowance (Foreign Travel) and be paid at the rates shown in Table 4 Table 4: New Rates of Daily Subsistence Allowance (Foreign Travel) Proposed new rates for fo n travel (USD) Cvil Service grading& JG U.V ]G S.T ]G P-R JG K-N JG F.J ,G A.E State Officer Gradin92 F2, FI, E5 E3,E4 E2, El, t'r E D4 Country Rates ( US$ ) Afghanistan E a', 5bv ,o? 208 179 Albania 572 520 382 311 264 Algeria 669 608 t+51 3s0 294 256 234 Angola 788 716 529 436 386 360 .AE Antigua & Barbuda 627 570 448 387 348 5Zt 300 Argentina 615 s59 443 386 ?(, 11a 321 Armenia 949 602 546 386 301 253 224 Aruba 747 679 504 416 JbJ 330 306 Australia 730 663 480 387 t31 301 285 Austria 787 715 A,l o 420 359 304 Azerbaijan 949 862 578 436 3s6 310 281 Bahamas 898 6lo 598 488 415 360 312 Bahrain 601 547 438 .ro) ?A' ,t .) a 320 Bangladesh 558 507 5tu 301 264 231 Barbados 732 bbb 484 332 295 274 Belarus 612 409 .)a ^ 292 2t,3 Belgium 843 767 (o I 502 437 399 J/b Belize 530 482 296 261 240 227 Benin 615 s59 398 318 271 245 230 Bermuda 77o 708 515 417 .,Ea 305 272 Bhutan 500 454 284 I Oa 152 127 111 Bolivia 456 415 298 ,?o 207 189 179 Bosnia & Herzegovina 612 557 JbJ 266 lt3 184 164 567 ) to 3t.J 301 toJ 240 227 Brazil 644 585 474 418 372 zJt 1027 934 608 444 356 30s 273 Bulgaria 415 321 301 287 Burkina Faso 601 547 141 308 257 220 194 Burundi 554 504 ,,.71 314 1t o 259 247 Cambodia 476 325 241 223 211 659 600 429 344 256 aao Canada 772 702 536 378 362 Cape Verde 509 463 370 323 277 265 Central Af rican Republic 643 584 416 331 277 237 207 Chad 674 613 498 439 406 a 4., JbU Chile 500 454 342 285 254 238 228 China 643 584 457 ?o? 344 all Colom bia 537 488 J/ I 312 270 237 212 Comoros 749 681 493 ?oo 290 260 Congo 647 589 420 337 282 252 See Table 5 for deflnltion of State Omcer Gradlng Page 2 ol 2 F4 239 223 394 Botswana Brunei 456 277 432 Cameroon 289 406 295 30'1

o o ,G P-R ]G K.N ]G F.J JG A-E a JG U-V CMI Service grading& D4 F2, Fl, E5 E3tE4 n( State Officer Grading2 Rates ( uS$ ) Country .114 270 246 232 537 Costa Rica 354 299 259 231 653 435 Cote d'lvoire 393 356 331 J IU 612 557 448 Croatia . AA 249 457 416 336 295 272 Cuba 293 284 431 362 141 306 Cyprus 474 aoa 374 502 444 397 Czech Republic 552 372 359 oJo 498 430 392 Denmark 699 255 242 522 384 276 Djibouti 574 222 336 288 ,(o Dominica 473 430 410 271 )r4 627 570 403 Dominican Republic 543 442 374 323 820 746 DRC Congo t60 252 232 513 466 347 Ecuador aa, 266 481 381 303 Egvpt 529 224 .21E, 279 252 235 457 416 El Salvador 376 338 314 297 284 500 454 Equitorial Guinea aaE 248 177 '1 39 117 Eritrea 331 16t 260 240 612 557 407 Estonia 367 318 260 736 5Jb 435 Ethiopia 809 229 215 496 2AO ,ao l5u Ftti 321 609 498 424 Jbb 831 Finland 586 517 418 796 724 France 341 251 626 569 417 402 1CO 314 laa 656 596 466 Gabon 0 270 237 210 518 471 JbJ Gambia 381 295 246 218 949 862 541 Georgia 504 429 372 341 922 838 6't6 Germany 230 209 195 459 JJI 266 Ghana 505 371 358 348 492 425 Jvt Greece 541 377 Jb // 424 403 389 509 463 331 277 244 224 639 581 /1E Guadeloupe 206 277 242 220 509 463 339 Guatemala 259 197 548 389 310 bu5 Guinea 250 198 'r ao 570 418 341 blt Guinea Bissau 232 212 201 440 323 264 484 Guyana 299 285 274 427 356 321 469 Haiti 249 224 209 520 367 292 Honduras 289 422 364 318 741 673 506 Hungary 323 JII 38'l 344 bJ5 578 447 lceland 301 290 361 2.r, 626 569 430 lndia 271 246 232 318 615 (qo lndonesia coE 345 635 443 949 862 lran 603 525 472 846 702 1245 1132 lraq 334 319 492 406 361 661 lreland 457 391 745 614 525 1 105 1004 lsrael 430 398 647 549 477 924 840 Italy 299 360 321 565 428 622 Jamaica 470 439 619 '1010 749 1111 Japan 314 290 421 715 519 787 Jordan 282 436 358 311 862 579 949 Kazakhstan 202 264 226 454 331 770 700 Kiribati 330 310 299 425 363 600 546 Korea 240 331 287 260 407 612 E E,'7 Kosovo Page 3 of 3 JG S-T F4 Ezt El, 488 594 416 238 241 289 220 724 6s8 546 914 366 289 French Guiana Grenada 221 398 727 288 529 2Et

Proposed new rates for foreign travel (USD) ]G F-J JG A-E ,G P.R ]G K.N JG U-V JG S-T Ovil Service grading& D4 E3,E4 E2, EL, F4 F2, Fl, E5 State Officer Grading2 Rates us$ 435 652 A(O 486 1056 787 1162 t6z 3s0 260 210 862 520 949 zstan K 179 162 153 207 391 355 Laos 297 277 364 'r 11 612 s57 428 Latvia E.t a 446 726 600 1077 979 Lebanon 154 141 174 445 405 Lesotho Jtt 296 384 .r a'7 699 bJo 468 Liberia .1.' ,1 463 5VJ 354 777 568 854 Lib a Ent 418 1 010 749 586 1111 Liechtenstein 277 249 557 400 322 612 Lithuania 303 264 605 349 bEb Luxembourg 177 309 240 770 700 Macedonia lot 235 458 369 J IU 699 636 ascar Mada 278 266 388 330 298 504 Malawi 405 342 ,OA 264 690 501 759 l'tE,/ 223 206 194 461 419 309 Maldives 286 272 424 310 558 Mali 200 a Ao 319 303 494 749 Malta 221 348 aoa 245 770 465 Marshall lslands 314 tbb aa,, 207 577 384 Mauritania 365 345 334 JZO 463 204 509 Mauritius 432 420 413 520 473 450 572 Mexico 330 305 514 420 365 770 700 Micronesra 297 277 557 428 364 612 Moldova 409 743 613 E.)E 455 1 100 1000 Monaco 306 .AA 218 194 (oa 543 385 Mon olia .).''.) ACE 404 370 344 612 Montene ro 507 416 366 JJI 928 844 619 Morocco 270 233 202 459 50s Mozambi ue 173 150 404 2tb 212 444 I/l anmar 248 208 179 162 430 2no 473 Namibia 219 t/o 155 427 290 770 202 173 155 454 316 245 500 Ne I 370 354 518 438 20( 747 679 Netherlands 2qo 6s9 541 461 400 893 New Zealand tu6 329 233 6l/ 570 409 Nica ua 208 409 234 tTJU E1'> 427 370 2eo 320 796 526 Nigeria t9.J 245 217 197 600 546 a'r'7 North Korea 354 317 284 606 551 420 No 572 497 437 ?OA 964 877 Oman 402 3lo 284 610 554 330 294 268 700 493 388 770 Palau 374 316 282 541 492 Panama 268 508 413 349 300 770 700 Pa ua New Guinea 298 255 230 217 584 531 J/b 312 279 638 460 370 702 l3l 250 222 605 433 347 PhiIi Ines 320 298 284 570 429 359 Poland 327 314 391 350 674 613 Portu al 244 234 404 .rn 1 283 Puerto Rico 268 491 396 296 678 Qatar Cou ntry Kuwait )ra 435 114 440 201 Malaysia 613 356 681 700 525 213 tJo Nauru 700 983 ZI J Niqer 274 724 296 673 Pakistan 150 240 263 253 Paraquay Peru 261 666 627 465 444 260 745 334

a o Proposed new rates for foreign travel (USD) ,G K.N ]G F-J JG A-E JG S-T ]G P-R ,G U-V Civil Service grading D4 E3,E4 E2, El, F4 F2, Fl E5 State Officer Gradin92 Rates us$ ) Coun 300 256 231 215 536 380 Reunion s89 342 308 E,O-7 657 Romania 501 449 556 949 862 Russia 290 268 252 397 328 588 535 Rwanda 207 305 264 231 taE 477 363 Samoa 418 549 490 840 647 924 San Marino 132 .t 1-7 182 605 550 341 Sao Tome & Princi 508 336 846 622 930 Saudi Arabia 248 )zt 284 261 562 405 618 Se al 246 227 399 320 612 557 Serbia Jb/ 358 462 413 618 501 Se chelles 319 413 356 594 893 Sierra Leone 431 366 o e.) 658 1 179 Sin apore 338 Jt/ 451 o tz Slovakia 328 300 281 430 367 612 557 Slovenia 220 197 451 326 770 700 Solomon lslands 163 150 230 187 434 298 477 Somalia 252 241 300 469 515 South Africa 276 JOt 525 ,o1 653 471 719 South Sudan a'r'7 333 513 436 850 bzb arn c 164 262 217 185 477 334 525 Sri Lanka 328 299 ,74 436 369 627 570 St. Kitts and Nevis 265 356 314 285 570 428 627 St. Lucia 376 350 5ZV 464 411 570 and Vincent S 323 293 /16 471 38'l 719 653 Sudan 502 436 713 587 '1059 963 Surinam 232 267 246 499 369 304 549 Swazlland 411 383 Jbb Jbl 465 829 754 Sweden 529 460 749 619 '1010 1111 Switzerland 301 414 350 704 510 774 a 250 200 172 Jr+ I 862 515 949 Ta ikistan 253 332 282 603 bbJ Tanzania 274 260 344 535 408 588 Thailand 200 2no ZJY 700 439 770 Timor - Lestor 348 336 461 400 639 581 Toba o 222 297 237 Jbb 554 504 To o 173 215 310 253 467 425 To a 331 JOr+ 348 438 389 482 Trinidad 231 215 206 261 420 462 Tunisia 491 382 943 697 1037 Turk 201 279 230 q?, 366 862 212 173 150 260 700 424 770 Tuvalu zoJ 253 235 4., E 615 429 677 anda U loz 334 290 408 612 557 Ukraine 380 481 421 656 553 858 944 United Arab Emirates 562 429 402 578 481 771 848 dom United Kin 279 270 307 ,on 416 378 Uruguay 405 393 425 527 462 658 724 USA 190 162 240 509 332 862 949 Uzbekistan ?ro 304 513 419 700 770 Vanuatu 365 350 408 502 440 552 Venezuela Proposed new rates for foreign travel (USD) JG F-J JG A-E JG K-N JG S-T ,G U.V grading& uivalent CMI Service E2, El, D4 E3tE4 F4 F2,Fl, E5 State Officer Gradingz Rates us$ ) Country es of5 453 320 658 469 449 150 432 374 384 812 1297 557 398 259 356 270 o2( ozt 392 413 271 ,,I E 298 l/o 366 259 188 339 314 426 Turkmenistan 949 242 331 364 387 r JG P-R

Vietnarn 440 400 300 250 219 zut '190 Yemen 813 710 E?O 438 J/ I 320 287 Zambia 664 604 ^.t a 347 277 Zim babwe 482 438 330 275 244 228 208 5. Scope of Ap plication 1. The reviews shall apply to all State and other Public officers both at National and Cou nty Government as appropriate. Z. The rates that have been set by the Commission for Daily Subsistence Allowance (Local and Foreign travel) shall apply to all State and other Public officer in all public service institutions in Kenya. All other existing Circulars on the same subject therefore, cease to apply forthwith and the respective Accounting officer is personally responsible for prudent management of this facilitative allowance. 3. The new rates of House Allowance shall apply to all public officers other than State officers at the National and County Government including State Corporations from the scheduled effective date of implementation. 4, The respective employers in the civil service should initiate Collective Bargaining Agreements w ith the releva nt Unions in the implementation of the reviewed/harmonized allowances herein. 6. Implementation Sch ed u le Please note that subject to budgetary provisions, implementation of all the reviewed allowances takes effect as follows: scrrqfr J. C- Serern (rvtrs-), EBS CHATRPERSON All Cabinet Secretaries Chief of Staff and Head of Public Service Chairpersons, Commissions Chairperson, Council of Governors Chairpersons County Public Service Boards Registrar, lndustrial Court of Kenya Constitutional 241 220 (i) Daily Subsistence Allowance (Local & Foreign Travel) to be implemented with effect from the date of this Circular; and (ii) All the other Allowances reviewed will be implemented in a phased approach commencing in the Financial Year 2015/2016 as guided by the National Treasury through Budgetary provisions. Your Office is hereby requested to ensure compliance with the contents of this Circular and bring it to the attention of all employees in your organization for information

Clerk, National Assembly All County Governors All Speakers, County Assemblies lnspector General, lnspectorate of State Corporations Secretary, State Corporations Advisory Committee a o Page 7 ol7

APPENDIx The Grading and Equivalent Job Groups of All State officers shall be used when applying General Government Circulars as Shown in Ta ble 5' Tabte 5: The grades and Equivalent Job Groups for all State Officers State Officer Job Job Group rl -..:-,^t^-a Speaker of the National Assembly Speaker of the Senate, Chief lustice F4 Deputy Chief Justice, Cabinet Secretary, Secretary to the Cabinet, Deputy Speaker of the Senate, Deputy Speaker of the NaUonal Assembly, Attomey General, Auditor General, Judge of the Supreme Court, Chairman, IEBC, F2 Principal Secretary, Controller of Budget ,Judge of the Court of Appeal County Govemor Director of Public Prosecution, Vice Chair IEBC, Vice Chair CIC, Chairpersons, other Constitutional Commission FI Member of the National Assembly, Member of the Senate, Members of Independent Constitutional Commissions, Judge of the High Court, Register of Political pafties Secretaries of Independent Constitutional Commissions, Deputy County E5 U Chief Magistrate E3 S Senior Principal Residence Magistrate Principal Residence Magistrate E2 R Speaker, County Assembly, County Executive Committee Member EI o Senior Resident Magistrate P Resident Magistrate Member of County Assembly D.t N 20 lPage D5

ANNEX4 Report from the Chief Executive Officer of the Teachers Service Commission

' .--< 'l 'a t- ,J TEACHERS SERVICE COMMISSKIil N0\ 1t11 Telephone: Nairotri 2892000 Email: ce tsc o.ke Web: www.tsc.qo.ke When replying please quote Ref. No: TSC/LLI R/SEN / 86 lV OL.il / 1 40 TSC HOUSE KILIMANJARO ROAD UPPER HILL PRIVATE BAG- OOIOO NAIROBI, KENYA 20'h November,2023. 21 NOV 2023 J T': -i. 1 i\ t^ .a- z-4. :i il) Clerk of the Parliament B P.O Box 4l NAIROBI nate ldings PETITION CONCERNING THE DISCRIMINATTON BY THE TEACHERS SERVICE COMMISSION ON PAYMENT OF HARI'SHIP ALLOWANCE AND ENHANCED HOUSE ALLOWANCE TO TEACHERS IN KILIFI COUNTY The above captioned matter and your letter Ref: SEN/SCE/CORR/2O23I058 dated 3'd November, 2023 refers. Attached, herewith, is the detailed response to the questions raised for your further action. c.o. ANYUOR FOR: SECRETARY/CHIEF EXECUTIVE tl uL\ ,\ P I ,.\ : r\;y,-w ,.r) r ? i+,r6-'i( \-/.--a-. ). \1 c ?1, I a gi Y} vlcE 6—n..-r' t I I I i l II I ;99J.Q0", -r"r'ri : :'i r.: rt!' I (: r':s ( DS t.,'-i ) orGt -TEACT{EN-SEWrc-ECOMM-ISSIC'N *t&-{ 3r 1,' \. {e t't , .l t'r l.-\ I I rt r t

TEACH ERS SERVICE COMMISSION RESPONSE TO PETITION CO}ICERNING THE DISCRIMINA,TION BY THE TEACHERS SERVICE COMMISISON ON PAYMENT OF HARDSHIP HOUSE ALLOWAN CE TO TEACHERS IN {v 9r VICE UT gr YD' 1 KILIFI COUNTY. 17TH I{OVEMBER 2023 o o r o ail -(,4

1,0. B;\C*iGROUND 1.1 The Teachers Service Commission is established under Article 237 (1) of the Constitution with its primary functions set out in Article 237 (2) and (3) to include teacher management functions and regulation of the teaching sector. t.2 Fqfther, ![e Commisslo]l dralvs plwers neceslary for t[e execution of its constitutional functions from the Teachers Service Commission Act, Section 47 and 48 of the Act empowers the Commission to publish a Code of Regulations and Code of Conduct for Teachers to assist the Commission in regulating the teaching service. In this regard, the Commission published the two codes which came into effect on 1't July 2016. 1.3 Further in compliance with the provisions of Afticle 41 of the Constitution the Commission has negotiated and signed Collective Bargaining Agreement 2021-2025 (CBA) with the teacher unions. 1.4 Accordingly, the constitution of Kenya, the Teachers Service Commission Act, the Code of Regulations and Code of Conduct for Teachers, Collective Bargaining Agreement (CBA) 2027-2025 forms the legal framework underpinning the Commission's operations. INFORMATION ON THE LIST OF ALL DESIGNAT ED }IARDSHIP AREAS THE TEACHERS SERVICE COMMISSION ffSC) TO PAY HAR SHIP LOWANCES. 2.1 The mandate to designate an area as hardship area vests with the Ministry nd Affirmative Action. Accordingly, the designated hardship areas were gazetted in Legal Notice 534 of t997 annexed herein as annexure 1. 2 2.0. COULD THE COMMISSION PROVIDE FURTHER CLARiFICATIOFI AND FOR THE TEACHING SERVICE AND THE CURRENT POLICY USED BY of tq![q $9ryi!e, Qeqder, a

2.2 Regulation 91 of the Code of Regulations for Teachers requires the Commission to pay hardship allowance to a teacher assigned to teach in a school situated in a designated and gazetted hardship area. 2.3 To this end the designated hardship areas are as shown in Table 1 below. r Baringo Former Baringo District and Kisanana, Mogotio, Emining, Sirwa and Kimng'orom Divisions in previous Koibatek District Former Marakwet & Keiyo districts Elgeyo Markwet Embu 2 J 4 5 6 7 8 9 t0 l1 l2 l3 t1 15 16. Garissa HomaBay Isiolo Kajiado Kericho Kisumu Kitui Kwale Laikipia Lamu Machakos Makueni Entire County Former Mbeere District Entire County Mfangano and Rusinga Islands in former Suba District Entire County Entire County Muhoroni, Fort Ternan, Soin and Sondu Divisions in previous Kericho District Ndeiya Division Garrc Division in former Kilifi District and Magarini, Marafa and Kakoneni Divisions in former Malindi District. Muhoroni Valley and Sondu Divisions Former Kitui and Mwingi District Kinango and Samburu Divisions Entire County Entire County Masinga and Yatta Divisions in former Machakos District. bu Kiam Kilifr Mandera Entire County Entire County 3 18 Marsabit Table 1: Desiqnated hardship areas No. County Dcsignated hardship area

No. County l9 Meru Designated hardship area il Mutuati, Ndoleli and Igembe East Division, Buuri and Giika Locations, Amung'enti and Thangatha zones; Muimui, Kiujuline, Akithi zone Linjoka and Ankamia sub-locations in former Meru North District Kegonga Division in former Kuria District Makuyu Division, Maragwa Distict and Kakuzi Divisions former Thika Distriot 22 Nakuru Mbogoini Division and MakongeniZone Tinderet Division Former Trans Mara Distict, Eastern Mau, Osupuko, Mara, Loita and Southern Olulunga Divisions in former Narok District Kieni Division in previous Nyeri District Entire County Mbololo, Mwatate and Voi Divisions Entire Counfy Former Tharaka District Entire County Entire County Entire County M 20 Migori 2l Murang'a 23 24 27 28 29 30 31 32 33 d aro an N N k Nyeri Samburu Taita Taveta Tana River Tharaka Nithi Turkana Wajir West Pokot 3,0. COULD THE COMMISSION PROVIDE F I.,! R.TFi E R C LARI FICATIONI AND INFORMATION ON 'THE REASONS WHY ALL TEACTIERS IN TAITA TAVETA COUNTY DO f{OT BENEFIT FROM HARDSHIP ALLOWANCE DESPITE THE COUNTY BEING AMOI{G AREAS DESI I{AKflSEMIrAREAS Fffi 3.1. The designated hardship areas were gazetted in Legal Notice 534 of 1997. In Taita Taveta County, the gazetted areas are Mbololo, Mwatate and Voi Divisions in former Taita Taveta District and not the entire County. 4 34

3.2. Notably, since the gazettement of hardship areas in 1997, the Legal Notice 534 has not been revised to date. 4.0. COULD THE COMMIS SION PR.OVIDE FURTH ER. CLARIFICATION AND INFORMATION ON THE CRITERIA USED IN DETERM INING AND CLASSIFVING TOWNS FOR PURPOSES OF PAYING HOUSE

-ALLOWAN CE FOR THE TEACHING SERVICE.

4.1. Pursuant to Article 230 of the Constitution, the Salaries and Remuneration Commission (SRC) has the mandate to advice on remuneration and benefits of Public officers including the teaching service. In exercise of this mandate, SRC issued an advisory vide letter ref: SRC/TSlMDPl3ltlZ (2) dated llth August, 2015 on the payment of House Allowance for public officers. Annexure 2 is a copy of the letter. 4.2. In the said advisory, the SRC categorized the Country into 4 clusters for purposes of payment of House Allowance namely Nairobi, former Major Municipalities, other former municipalities and other areas. 4.3. Accordingly, Honorable Members, the Commission has no mandate to classify/categorize towns for purposes of payment of House Allowance. This mandate is a preserve of the SRC. 5.0. COULD THE COMMISSION PROVIDE FURTH ER CLA AND INFORMATION ON THE LIST OF AL COUNTY WHERE TEACHERS RECEIVE ENHANCED HOUSE ALLOWANCES AND THE RESPECTIVE EATE 5.1. In accordance with Article 230 of the Constitution, the SRC has the mandate _ _ to adyEe o!_!le111qre!'q.!!q!jt! !enef!!s qf Publc _otree1_s in-clud_inglhr teaching service. 5.2 In exercise of this mandate, SRC issued an advisory vide letter ref: SRC/TS/MDP|3|Ll2 (2) dated l1th August, 2015 on the payment of House Allowance for public officers.

5.3. At the time the advisory was issued, Kilifi was a township and was gazetted as such as per Gazette Notice Number 10557 of 2OO7 hence fell under Cluster 4. Cluster 4 rates are payable to teachers stationed in townships and rural areas. Appendix 3 is a copy of the Gazette Notice Number 7O557 of 2OO7. 5.4. Accor:dingly, in compliance with the advisory of the SRC teachers in Kilifi have been receiving House Allowance under cluster 4. 5.5. While the Commission is aware that Kilifi Township was gazetted as a Municipality in March, 2OLg, the SRC did not review or render an advisory on the review of House allowance payable to teachers in Kilifi town until 3L1712023. 5.6. The Commission has now received an advisory from SRC recommending the review of cluster 4 House Allowances payable to teachers. to this end, House Allowance for cluster 3 and cluster 4 shall be harmonized in two phases with full harmonization to be realized on 1$ July 2024. 5.7. On 291812023, the Commission signed an addendum to the 2021-2025 CBA with teacher unions effective 1't July 2O23 as per the SRC advisory. Accordingly phase 1 of the harmonization has already been effected. x*xTl.{ANK YOUxxx 6

do{eeE- ??elluDc I Ke,t)i.t ir<b;idiaj Legitlatioa. [997 Lec.^i,- Norrce iio. 5f4 l i' I i li -: rfi-. r+Jr+r.lr F..-,'. !-n -a..1, 'rHE TEAcF{ERs sERrzrce-corar(tbsroN,q.cr (Cap. zr!) !: 4. Medical allDwaoces ayatiG (d (da-chErs ih f itie. teachi seence. sha[[ be at the ratc of [5 per cent of the rninimum bdsic salaries specifiL colurpn 2 of the First Schcdule for thc financial yea ;1997198 andl'ar 20 cent of the minimum basic salaries sp€cified in thq lecon<l cot urhn O( Ficit Sched,rlq for the fioaaci al yeac $9A94 and lhe subsequcht yia'rrr. 5., - Responsibillt allowances Pqtl.b-lg q9, t91h hert in th e r teac ayable 6t thc rate o( [00 ,,,,iiri,ij liuiiir{ t servtce ep of rthe currarit,ta tiir. contaioed in the mdc of regulaticr$1. 1'.rr.(eac e of Regu Iiti6ris Teaihers Revi:eci 1986) for the [iuanciat-y-ea 2J0 per cchr tdi financial'year 1998/99; 400 per cent for. the financii I year 1999120CSraiid 500 per cent for the financial yeai 2ffi0/200l andithe subsequeht fga 6. lrcg.".Ul!9,3!s:re/able to teach eas rn rhe. teachi ng sei,.ice,,W are-deployed*to teach in speq .99h oo ts/i n : ti tu t ipn-s and teachersr.w .mt rffi.- d. iptomas-o ic€nifica tes i6r-speciEtEdr(:anq] deployaa udlti shall be at the rate of [0 p€c ceot of theinioimutn basic saiaiy per ccot trers (G{d t 1997l9B; fi,, no' db p oss ess spccial wirh effeit f.om lst [uly. l99T 7. Hardships alto'nance pa/ablp tc .r-,..'aqhers in the teachiiig sen'io,:. shalt bc at thr ra(e of i0 per cent of the rninirnum bhsio sal.ary sp,ecified irr the second column of thc frrst schcdulc with cffcct trom {ot Jut)/,i1997. All the teacheri scrving in thc districcy'arcas gazetted as hacdship aica; rrlcl t\os.-- raech;r; irr. thc rreas lis.tcd Qc!o;a1 wii! quelifv: rrii tiii-. allo..vrnic iricipic(ii.c. c,i thfii mirita I diiitirs--' s .;-- ..-li::: I i

1,;a. -.

: .1: ., pa (re ,4i .'<rF, the Schedul: ! i I I I i :, I. t. : l years - f !..-"iIXlrv,i :,f.'i. '";-tiiai :S,VlirI ,i i

( & r" l t:.,+. , .:, E Kenya Sub;i:!it:,y Leg Ljtation, tg?T Iz]5 (a/ Mfangano and Rusinga lslands in .Suba Disincr (DJ i.{yamuciro Division, Kuria District. (c/ Osifeko Division; gusia DisrriCt. '(d) Musiro Division, Busia Distr:it.-.. (e) Kaiiado Dtstricr. (fl Loiy,ec Solai, Koibatek Dis(rici. (g) Laikipia Disrrict. (h) Kjcui Distcicr. (i) t tgaeze Division, Kitifi Dijtrict_ fi) Keao Vallef Division, Keiyo Disrrict. (tl iaiara-k..^ret Disrrict. 8. Autorna-tic .conlrTruiter allowance pa yable to teach ki Mtrcecc Dis.t cicr. . ,..(t) K)ga Division, Nyambenc .District. -.1:.. : ,:, i . (rl Messrini, Mafara aoa.K3.r<oq.qfu_,F".rjlir,i,:".r.;.Vr4gi,-..j L;.ii 9 lt:'ing, dnrr yirrta iDi;iiilrii; ltoj**lI.oZ"blaiic,; , (t) Kjcai Division, Nycri Disrricr.

, :. (u) Ndeiya Divfsioo, Kiern0s Distnct. I (r,/ tvtakup Division, Maragua District. ..(T1 {lno.oni. Fonenani Soioi and . Sondu. ..Kcricho O iSiricl: (r/ tvf r.rhoconi Va.llcy and Sondu Divisions, Kirumu Diithcr (y) Kakuzi Divisicn in Ttuka Districr, ; l (l) Kinangc aad Sa-mbucu Divisions, Kq.aie District - ,,- r.(I!.Uiai':i.'.-...* ,, '!.:.!'. , J HHrEiffi (,fl i;-t,* {M a ra e Dis tcic r.

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(e&c lrt avt J a ers in the mum,t;asic e. ftrre . ?cFltot-,of,the qlini saJa ries with effect from tsr luly, L99g 10. Transfer al blelo-teach cfs tft 6t b€ equ r va ent [o ooe mon(h't g.oss basio salary fuly, t998. For (lte pucposc of paymeot of tfiis ajlspsn6. 16 e. working sta Cion of s (e-rche. shali bc taten to b9 the teacber,a home drsfflct:&nd this altr:wance .arill ool y bo payab[c to tcachcrs (rsnaferred ftbm orrc atation (disu-ic1) s61 snolhol 6111jq (t (dlotria) ott ttrc ln.ldarlisi ot, tb€ ompl o,ycr '(th.e rl:eachers Serricc Com mission) ' 9 Accoromodgtion atlowanEe_ pa;labre to teac].e,. in the .(eachins *.-'.-ffik it " Li*',oJ.,H"a"* ", id'"s#lj Schedrrle, wirh effect tooru lat ,ui;, ti99;-'-" "t " : : a I I i(ovgnq., fo; riur;hnse c:i -moro;- refqqlcs fcc rcachccs io rtrc c:actrin3 -.c,.yic* \!i,.ir s r"r:ct honr lsi Jaili. l;.;a *ilis. in.*c1o r,1+c..cr r<ir-h gn'/crnin;j r+giila!i:,;rs..-rn surh i.irl\ ii:.r.:crt ixrcrJ i., y J," T;;*:,;;;:r;: il* .+ f '.a' :i L i. .t: 1i ,- i!'-t.i''.. !.iri.t{i;(,.- 11r..#si,' ' !i: 1; ' -ri ;': ' , ,i'i ,- ! ..r. : i :.,, . ' :' ti,r : ,, .'ij.fd{1ti.,, 'I.--f.ffitr:' :1 i: .1 i:' .;i::!i::.:,; !,i..i;. .:. .:. ' 1''i'',,:,.$j:$i :;;ir- ,j"' i:ii.i4{'ir.!.i, . ..iri r'ielriir ; i'a:ii.'n 'i - ; I ,J.ii${rl.l ;' :' )l\';i!.'?r..\' . . ',. rii:.!-, 1i. tf :1Ti'i{' .liii i I .t. ! .i t.i .. ,t' 'i -.. i. r i,:r:ri. . rli;" ' i-., . tl j, :,;:.1... l , ; I:.: ,:' I ll ,l :i'l ;.trtl l:l lr[ l+, !tjiI '!r i) ..::1,., .i-i-:{- ,.;.. 'i. , iit.;ir' -:,

.,,\'1 1.ta,t\i-ri\ Salaries & Rernuuer.ation Commission a.*liJ-i^s-;,1i.'; tiritl Ref. No: sRC/Ts/MDp ls/L/2 (2) Mrs. Grace A. Otieno, MBS :ilTlp"l Adminiskarive Secrerary Dtrectorate of public Service Management I,ljrjy_"f devotution and ptanning- NAIROBI 11tr' August,2015 Deai iWru. |th,*, IMPLEMENTATION OF THE REVISED HOUSE ALLOWANCE IN THE PUBLIC SERV,CE 5;5ff;r::,lade to vour letter Rer. No. MDp/DpsM /2r6/4AVoL.x (47) dated Bth Jury, 2015 on rhe The Salaries and Remuneration. commission deliberated^on lhe,i1su9 during its Commission meeting held on Sth August' 2015 and g19*r"ae"J th;"ffiiLg". raised in the impr-ementarion of the cir.curar Ref. No: 'RC/ADM/.rR/U13 Vot. .,,j (1r6);L"d'i=0.[.ou.uro"i ;;r;,ffi;i; rhe rppD sysrem. suosequentlv' the commission aeci -ed'ih'i t" ""loi" grlecir.ve i.pr#.rt.ii!."1'r the revrewed .ates :l lr.,ffi fl'Hit?. rhe crusrerins "r *si""r'[*.r"b'act to rhe former crusterinjand be impremented Table 1: New Rates of House Allowance Note: All lhe other terms ie 3 000 500 B 2 000 3 000 I 2 0 0 C 2 000 3 000 0 2 500 I 50 D 2 000 00 J I 800 700 E 200 3 500 2 900 I F 00 2 3 500 100 2,900 700 G 2 300 5 000 6 750 2 100 3 s00 H l 000 5 000 8 3 500 00 J 3 000 6 000 00 4 500 0 t( 3 500 t0 000 q0 l 000 B 000 L 6 000 20 000 15 000 5 000 o0 7 M 12,000 z0 000 oo 15 000 13 o 0 o o N 000 1 z4 000 17,000 t0 000 P IJ 000 40 000 o0 lr 20 000 15 000 40 000 00 45 20,000 12,000 o0 R 15 000 40,000 000 L2 000 20 000 800 0 S 15,000 60 000 56 000 12,000 20;0 00 0 T 80,000 BO;0 0oo 5 70 oo-- 52 000 60 000- 00 BO 000 0,00 0 100 o 00 main as per [he provisions on the Circular of 10il, Decenrber, 2014 sRc 027 t08t2015 ! Other for4e.r.,Muqicipalities

The purpose ol this letler therefore, is to convey the decision and advice of the Commission on tl.re request for clarificalion on the implementation of the revised house allorryance in the public service, for your fudher necessary action. You Ann R. Mrs.) COMMI CC: SECRETARY Eng. Peter O. Mangiti Principal Secretary Ministry of Devolution and Planning NAIROBI Dr; Kamau Thugge, EBS Principal Secretary National Treasury NAIROBI Mr. Edward R. Ouko Auditor General Kenya National Audit Office NAIROBI Mrs Agnes Odhiambo Controller of Budget BIMA House NAIROBI Mrs, Alice A. Otawala, CBS Secretary/CEO Public Service Comlnission NAIROBI

THE PR.ESIDENCY MINISTRY OF PUBLIC SERVICE, YOUTH AND GENDER REPORT ON REVIET^/ OF HAR.DSHIP AREAS AND PAYMENT OF HARDSHIP ALLOWANCE IN TAITA TAVETA COUNTY DECEMBE& 20r9 1

Table of Content Contents CHAPTER ONE: .......... REVIEW OF DESIGNATED HARDSHIP AREAS IN TAITA TAVETA COUNTY.......... r.0 INTRODUCTION.......... 4 4 4 l.l Background ,.4 1.2 Presentadons by the Gblnet Secretary - Mlnlstry of Publlc SeMce Youth and Gender 5 1.3 Recommendadons of ttre Parllamentary Commlttee... 7 1.4 Fleld Vlsh..... I .5 OveMew of Talta Taveta C-ounty...... 7 8 Table l: Summary of Admlnlstradve Unls ln Taha Taveta County..........................8 CHAPTER.II .. ........8 METHODOLOGY........... .........8 2.O lntroductlon... 8 Table 2: Crtterla for Welgfitlng 9 2.1 Sources of lnformadon............. lo 2.2 Gradlng of the Areas lo CHAPTER.III .. lo DATA COTIECTION 3.O lntroductlon: . .......1o lo ll il il 12 14 3.1 Mode of data collecdon:............ 3.2 Flndlngs and Observadons .......... J.2.1 Mwaab Sub &unty........... 3.2.2 Tala fiub&unty 3.2.7 Vol Sub-&unty.... i.2.4 Tavea Sub County ..............1 5 2 CHAPTER IV.. l8

suMMARy OF FtNDINct oBSERVAT|ONS AND RECOMMENDATTONS t8 4.2 RESPONSE FR,OM KENYA NATIONAL BUREAU OF STATISTICS 19 4.6 RECOMMENDATTONS ..................20 List of Admlnlstrative Untr lrr Taita Taveta 26 Members of the Inter-Agency Sub Commlttee 9 3

CHAPTER. ONE: REVIEW OF DESIGNATED HARDSHIP AR,EAS IN TAITA TAVETA COUNTY I.O INTRODUCTION I.1 Background Designated hardship areas in the Public Service for purposes of payment of hardship illowanie ire remote areas citegorized as l5-king basic social services, amenities and infrastructure. In the Public service, various institutions have employees stationed in different areas designated as hardship and they are currently paid Hardship Allowance. The Government policy on designated hardship areas and payment of hardship allowance has undergone a number ofchanges before and after independence. Before independence, European officers were paid an allowance which was known as Family Separation Allowance. Other Public Servants working in the designated hardship areas were also paid the same but was known as Frontier Allowance. ln post-independence period, Hardship Allowance was introduced to partially compensate Public Servants working in the Designated Hardship Areas. lt was paid to officers as an inducement to work in Hardship Areas due to resultant isolation and separation from families. Determination of designated hardship areas is currently not harmonized across the Public Service. This has created disparities and led to inequity in payment of Hardship Allowance among Public Servan6 deployed in the same geographical area. These discrepancies have created discontent among the public officers deployed in such areas giving rise to enquiries and petitions by Teachers, Civil Servants and Unions representing the Teachers and Civil Servants and also members of Parliament from the affected areas. The Clerk to the National Assembly invited the Cabinet Secretary, Ministry <if Public Service, Youth and Gender to appear before the DepartmenUl Committee on Education and Research on 26th November, 201 9 to respond toa etition submitted by teachers serving in parts of Taiu Taveta Counry. The teachers sought to know the following issues that were raised in the petition: 4

i. The criteria used to identify and consequently gazette hardship areas and a list of such areas in Taiu Taveta County; ii. Rationale for discrepancies in the criteria of gazetting the areas as hardship areas as exemplified by the fact that Kungu Primary School and Eliiah Mzee Secondary School both in Mwatate Constituency, share the same compound but only teachers in Elijah Mzee Secondary School are paid hardship allowance; and iii. Why hardship allowance for teachers in Rong'e Ward in Mwatate Constituency was withdrawn when Rong'e Ward's educational administrative boundaries were transferred from Voi Constituency to Mwaute Constituency. 1.2 Presentatlons by the Gblnet Secretary - Mlnlstry of Publlc SeMce Youth and Gender The cabinet secretary appeared before the Departmental Committee and made presentations as follows: A. Crlterla for Determlnatlon of deslgnated Hardshlp Areas In the Clvll Servlce Il. A uskforce constituted in 2oo7 , comprising of reachers service Commission (Tsc), Ministry of Finance, Ministry of State for Public Service, Ministry of Planning, and Permanent Public service Remuneration Review Board (PPSRRB) developed weighted criteria for re-examining hardship areas after visiting the areas that were contested as hardship (Areas designated by TSC and civil service as proposed by the provincial Administration and Internal security and some proposed by members of parliament). The weighted criteria was based on the following parameters: a) Non/limited availability and accessibility to food; b) Non availability/limited access to portable water; c) Non/inadequate transport and communication servicesl d) Non/limited availability of social services and amenities; e) Harsh climatic conditions; f) lnsecurity and high possibility of security threats; and g) Socio economic indicators such as poveffy index from the Kenya National The taskforce submitted its recommendations to the Cabinet in 2008 vide a Cabinet Memo No. I 9 recommending de-gazettement and gazetting of some hardship areas and regular 5 Bureau of Statistics.

reviews of areas categorized as hardship and gazettement or de-gazettement as appropriate by the Minister responsible for Public Service among other recommendations- B. Deslgnated hardshlp areas for the Clvll Servlce. There are currently sixteen ( l5) regions which have so far been designated as hardship areas in the Civil Service according to the Head of Public Service vide Circular Ref. No. OP/CAB/1/3lA of 7th December 2015. (Appendk l). C. Crlterla for Determlnatlon of deslgnated hardshlp areas ln the Teachlng Servlce (i) Prior to 1997, the Civil and Teaching services had similar designated Hardship Areas, which included North Eastern Province (Waiir, Mandera 8l Garissa), Samburu, lsiolo, Lamu, Marsabit, Tana River, West Pokot, Turkana and Northern area of Baringo. This comprised of eleven ( I I ) fairly distinct hardship areas. (ii) ln 1997, the Minister for Education through legal Notice No. 534 of ll'h November, 1997 gazetted an addldonal nrenty'ffve (25) Hardshlp Areas for the Teaching Service following a recommendation by the Teachers Service Remuneration Committee. This followed a Collective Bargaining Agreement with the Kenya National Union of Teachers. The recommendation was based on the agreement that teachers work in more remote areas as opposed to Civil Servants who are mostly posted to District and Divisional Headquarters only. In 2005, the number of designated hardship areas for the Teaching Service was increased from thirry - six (36) to the current forty' four (44) as indicated in the Code of Regulation for Teachers (CORT) 2005. (Appendh ll) (iii) The Civil Service currently (National and County Governments) has sixteen (16) Designated Hardship Areas. Hardship allowance is paid based on the prevailing categorization and rates guided by the Salaries and Remuneration Commission. allowance with a view to eliminating the existing disparities across Public Service, the Ministry vide leter Ref: MPYG.DPSM.HRM/2 /1/5lTY (30) dated 2lst March, 2019 constituted an lnter-Agency Technical Committee comprising of representatives from the Ministries of 6

Public Service, lnterior and Co-ordination of National Covernment, Education, The National Treasury and Planning, Public Service Commission, Teachers Service Commission and Kenya National Bureau of Statistics to study the prevailing policies, circulars and guidelines on designated hardship areas and payment of hardship allowance and make appropriate recommendations. The Interagency technical committee studied the various policies, circulars and current practices on determination of hardship areas and payment of hardship allowance across the Public Service and came up with modalities of accomplishing the assignment. To facilitate the exercise, the Ministry of Public Service vide letter Ref No. MPYG.DPSM,2/713A dated I 36 September, 2Ol9 requested the Kenya National Bureau of Statistics to review unit of analysis from current County/sub county/Division/location/ ltown,/urban center/ zone to sub location level and study the development levels of current designated hardship areas to inform areas to be gazzeted as hardship and those to be de-gazzeted based on the levels of development to enable the Team finalize the assignment. Kenya Bureau of Statistics is yet to undertake the study. I .3 Recommendatlons of tfre Parllamentary C,ommlttee The Parliamentary Committee on Education and Research recommended as follows: - It. lu iv. The Inter-Agency Technical Committee to visit Taita Taveu (Mwatate) to observe and ascertain the actual condition of the specified areas where the Kungu Primary School and Eliiah Mzae Secondary School both in Mwatate constituency are located; Status Review of designated hardship areas in Taita Taveta County; The lnter-Agency committee to undertake a nationwide exercise and submit a report covering the entire nation and which should be county based and the parameters to be reviewed and the scope broadened. The lnter-Agency Committee to provide an official government list of the designated hardship areas after the exercise. The unit of analysis for designated hardship areas to be harmonised. 1.4 Fleld Vlslt A sub Committee of the lnter-Agency Committee comprising of officers from State Department for Public Service, Ministry of Interior and Coordination of National Government, Teachers Service Commission and Kenya National Bureau of Statistics visited Taita Taveta County from 2nd to 4th December, 20 l9 to:- l

III Ascertain the actual condition of the specified areas where the Kungu Primary School and Eliiah Mzae Secondary School both in Mwatate constituency are Iocated; Undertake a status review of the designated hardship areas in Taita Taveu County; and Prepare report on the status of Taita Taveta County in respect of hardship areas. 1.5 OveMew of Talta Taveta County i. Taita Taveta County is one of the six counties in Coast Region. lt borders Kitui, Makueni, Kajiado, Kwale and Kilifi Counties. lt shares an international boundary with Tanzania. Tsavo East and West National Park is in Taita Taveta County and covers over sixry percent (6o0lo) of the toul land mass of the county. ii. The county has 4 sub counties, 9 divisions, 33 locations and 89 sub locations as indicated in the table I . Table I : Summary of Adminl*rative Unhts in Tatta Taveta County s/No Sub County Dtuislon Location Sub Location I Mwatate 2 27 2 Taita I 7 23 3 Taveta 3 ll 23 4 Voi 3 6 16 Total + 9 33 89 A list of Divisions, Iocations, and sub locations is as indicated in (Appendk lll) CHAPTER II METHODOLOGY 2.O lntroduction The lnter-Agency Team developed a weighted criterion for re-examining hardship areas in general. The weighted criteria comprised economic indices used to assess the level of o 9

development of a given area to ensure obiectiviry and parity in classification of hardship areas. The weighted criteria for rating the hardship areas is as shown in Table 2. Score and acceslblll of food each 5 polnts 25 i) Area on relief food 5 ii) Availabili of market lace 5 iii) Low agricultural roductivity of the area/ su ply of food 5 IV Area d with erratic rainfall 5 v) Cost of food ex ensive 5 I Distance to food markets vt 2 Non/Avallablllty llmlted access to pqtable water (each 5 polnts) 20 i) Availability of piped water 5 ii) Area gets water from seasonal rivers/borehole 5 III Area has permanent river 5 iv) Private water tank supply water to the area 5 Non/lnadequate transport and communlcatlon seMces (each 5 t!lnrs) i) Availabiliry/Distance of tarmac roads 5 II Availability/Distance of all-weather roads 5 iii) Availability/Relia bility of mode of public transport 5 3 iv) Roads impassable during rainy season 5 Non/Llmfted avallab of soclal s€Mces (each 3 polnts) l5 i) Schools are available/Distance 3 ii) Availability/Distance of hospitals/health facilities 3 iii) Electricity available 3 iv) Housing for Public Servants/ Availability of housing facilities 3 l+. v) Availability/Distance of Ba nk/Posta I services 3 Harsh Cllmate conditions an Terrain (each 2.5 polns) l0 i) The regions is semi- arid 2.5 ii) The region is hot and dry iii) Difficult terrain (mountainous with deep gullies) 2.5 5 IV Area s flooding during rain season 2.5 lnsecurlty and hlgh posslblllty of security rhreat (each 2.5 poinrs) 25 2.5 7 Hlgfi Poverty lndex 5 100 9 Table 2: Crlteria for Welghting S/No. Criteria Non/llmited avallablllty 20 2.5 5 i) Human wildlife conflict 6. ii) Tribal/inter-clan conflicts TOTAL

2.1 Sources of lnformation The sub-committee used the following as sources of information: ll The weighted scores for the areas were aggregated and a cut-off point of 50 agreed for determining an area as "Moderate Hardshlp Area' and a score of 75 poins and above as "Extr€me Hardshlp Area". Details of the areas and weighted scores are shown in Appendk ll. CHAPTER.III DATA COLLECTION 3.0 Introductlon: The team visited the County and paid courtesy call to the Deputy County Commissioners who gave overview of each of the Sub Counties. 10 i) Petition by the Member of Parliament for Mwatate and submissions by the Ministry of Public Service, Youth and Cender and Teachers Service Commission; ii) Face to face interviews with officers from Ministry of lnterior and Coordination . of National Government, County Director of Education and Teachers Service Commision (TSC) County Director who assisted the team to identifo areas berceived tb experience hilsh climatic conditions and therefore woUld be considered as hardship areas; iii) Field observations; iv) Submitted reporu from Deputy County Commissioners of the respective Sub' Counties; v) Literature review on poverty indices in the Country as indicated in annual reports by the Commission on Revenue Allocation and Equalization Fund, Economic Survey 2019 report; and vi) The ratings by the Team on application of the Weighted Criteria on specific identified areas visited in the four sub-counties of Taita-Taveta County. 2.2 Gradlng of the Areas i. Based on the interviews, submissions by the Deputy County Commissioners and observations made during the visits, the Team awarded scores as per the weighted criteria to all identified areas.

1.1 Mode of data collection: The team visited the County Headquarter of Taita Taveta at Mwatate and all the Sub- Counties offices at Taita, Voi and Taveta. The team also sampled specific divisions, locations and sub-locations considered hardship areas as guided by the Deputy Councy Commissioners and collected information through: - i. Interviews with the local Administration -Deputy/Assistant County Commissioners, Chiefs and Assistant Chiefs, TSC and Ministry of Education field officers and KNBS field officer; and ii. Observations by visiting specific areas,/locations. 3.2 Flndlngs and Observatlons The followingwere the observations and findings from each of the Sub Counties. 3.2.1 Mwaate Sub C,ounty Mwaute Sub County has two (2) Divisions: Mwatate and Mwambirwa b) Non/Llmtted Avallablllty access to portable wat€r i. Mwatate Location has piped water supplied by Tavevo Water and Sewerage Co. limited; ii. Other areas get water from boreholes, springs and streams; iii. The area has no permanent rivers though seasonal rivers are available during the rainy season; and iv. Private Water boozers also supply water to the residents of Mwatate Sub Counry. 11 The following are the findings and observations. a) Non /Llmlted avallablllty and Accesslblllty of Food i. The area receives but does not rely on relief food. School feeding programme is available in some areas especially schools in Ronge location; i. Most residents depend on small scale farming for their agricultural produce; ii. The area experiences erratic rainfall; iii. shopping centers /markets are available in the areas; and iv. The cost of food is average since there are agricultural activities in the area and others travel to Wundanyi town for their food supplies. c) Non/lnadequate transport and communlcatlon servlces i. Mwatate Division is connected to all sub counties headquarters by tarmac road;

ii. The rest of the division is served by all-weather roads except for some areas of Ronge and Kishau roads are impassable during the rainy season iii. Mobile phone technology and network is also available in the division; and iv. Public transport in the division is by few scheduled matatus and motorcycles to reach the remote areasi d) Non/llmlted avallablllty of soclal seMces i. Primary and Secondary schools are evenly distributed in the division ii. dispensaries and health centers are available in the division; iii. Electricity is available in most areas of the Division; iv. Rental houses are'not available in most sub locations, Public Servants live rented houses in Mwaute town and commute to work stations daily; v. Banking services and Postal services are available in Mwatate town. e) Hanh Cllmatic conditlons and tenaln (Scorc 5) i. Kidaya/Ngerenyi, Mwachabo and Ronge luu locations are hilly and mountainous; ii. Areas of Ronge Nyika occasionally gets flooded during the rainy season; 0 lnsecurlg and hlgfi posslblllty of security threats i. Securiry is generally good in most areas of the Sub- Counry ii. There are few cases of Human wildlife conflict. S) HlStr Poverry lndex i. The area residents mainly rely on small scale agricultural activities including such as livestock keeping; macadamia farming in Kidaya Ngerenyi location for their income; and ii. Employment in the sisal planutions and mines as laborers are also other forms on economic activities in the area. j.2.2 Tala Sub-&unty Taita Sub- County has only (l ) Division called Wundanyi. Currently, there is no administrative region or sub location in Taiu Sub County desigriated as hardship for both Teaching service, civil service and the disciplined service. a) Non-llmlted avallablllty and acceslblllty of food i. Some areas such as Kishushe location receive relief food during the dry season; ii. There is small scale farming in the highlands and livestock keeping in lowlands areas; 12

iii. The area receives fairly reliable rainfall in most areas. However, some areas such as Kishushe that are classified as semi-arid; iv. The sub county relies on the market in Wundanyi and Voi towns for food supplies which is mainly sourced from Taveta; and v. Cost of food is average. b) Non-avallablllty llmlted access to poruable water i) The Sub-County is well served by piped water in most sub locations; ii) The area has one ( I ) permanent river Weso-Wundanyi river; and iii) Residents also rely on seasonal rivers, springs and boreholes. c) Non/ lnadequate transport and communlcatlon seMces Taita Sub County is connected to the county headquarters by tarmac road; All-weather roads serve the rest of the sub county. Some parts of the roads are impassible during rainy season; Mobile phone network communication is available in most paru of the sub county; The transport in the sub locations is fairly reliable; d) Non/Llmtted avallablllty of soclal seMces II. l IV. il. iii. iv. Schools are fairly distributed and adequate throughout the sub- county; Health centers are fairly distributed in the sub county. The main hospiuls are Weso and Wundanyi hospitals; Electricity is available in most pars of the sub county and; Rental housing for public servants is available; Shopping centers/shops available, however banking and postal services are only available in Wundanyi town. e) Harsh Cllmate condldons and Terraln i. The sub county has highland areas which are mountainous and with foress cover. Other paru of the sub county such as Kishushe are lowlands and classified as semi - arid; ii. Flooding is occasionally experienced in some parts of the lbwlands during rainy season; 0 Ins-ecurlty and hlgh posslblltty of securtty threats i. There is generally no maior insecurity; ii. Human wildlife conflict is experienced in some parts of the sub-county; 13

g) Hlgfi Poverty lndex i. The area residents mainly rely on small scale agricultural activities including such as livestock keeping; and subsistence farming for their income; and ii. Employment in the mines as laborers are also other forms on economic activities in the area. 1.2.1 Vol SubCnunty Voi Sub-County comprises of three (3) divisions Tausa, Voi and Nyangala The following are the findings and observations on the sub-county. a) Non/llmlted avallablllty and accesslblltty to food i. Voi has one of the largest market centers in Taita Taveta County; ii. Food is accessed from the market in Voi town which is supplied from Taveta Sub County; iii. Rains are erratic and there is small scale agricultural activity; iv. The cost of food is moderately high; v. The division occasionally receives relief food especially areas like Ngolia, Mbololo, Kasigua and Sagalla locations. d) Non/ llmhed avallablltty of soclal seMces i. Schools are adequate and well distributed in the sub county; ii. Health facilities are adequate and are well spread; t4 b) Non - avallablllty llmtted acces to portable water i. There is adequate supply of piped water in the Voi divison while Tausa division has no piped water ii. Private water tenkers supply water to the sub location iii. The sub county has one permanent river River Voi; and iv. Residents also depend on water from Seasonal rivers and Mzima Springs; c) Non/lnadequate traruport and communlcedon seMces i. Voi Sub County is connected to the county headquarters by tarmac road; ii. All-weather roads serve the rest of the sub county; iii. Some parts of the roads in Ngolia and Mbololo locations are impassible during rainy season; iv. Public is fairly reliable however, in Wongonyi sub location there is unreliable public transport due to rough terrain.

It. iv. supply of electricity is available in most areas; Rental houses are available and most public servants commute daily to their work stations; Posul and Banking services are available in Voi town. Residents from other Iocations travel to Voi town for these services; e) Harsh Climadc condldons and Tenaln i. The area is semi- arid; ii. Tausa Division is hot and dry with difficult terrain in Wongonyi sub locations (steep hills with deep gullies); iii. Sagalla location in Voi Division is hilly and rough terrain; iv. River Voi sometimes floods during rainy season. 0 lnsecurlty and hlgh posslblllty of securlty threat i. There is minimal insecurity in the division. ii. Human wildlife conflict in Tausa and Nyangala are common during dry season due to proximiry to Tsavo National Park. g) Poverty lndex. i. Residents rely on small scale agricultural activities and livestock keeping for their income; and ii. Employment in the gemstone mines as laborers are also other forms on economic activities in the area. 3.2.4 Tavea Sub Aunty The team visited the sub county on 4th December 201 9. The team was received and briefed by the Deputy Counfy Commissioner (DCC) for Taveta Sub Counry, Iater visited Mata location in lipe Division and Niukini location in Chala division. The following are findings and observations for Taveta Sub County. a) Non/llmlted avallablllty and acceslblllty of food i. Agricultural activities especially banana farming by irrigation in Bomeni Division and Livestock rearing in some parts of the division; ii. Chala Division has reliable rainfall with agricultural activities including horticultural farming - tomatoes and onions ant livestock farfitrE; iii. Low agricultural activities in lipe Division, however the area relies on livestock keeping and fishing; iv. The area receives food from Taveta Market and neighboring Tanzania; _t5

v. The cost of food is fair in the Sub county and the rest of county sources their food from Taveta; b) Non/avallablllty limlted access to portable water i. Bomeni and Chala Division have piped water however, there is no piped water in the lipe division; ii. Chala Division has two permanent rivers, Njukini and Lumi River. iii. Some parts of the Sub county have boreholes and residens of lipe Division also use water from lake ]ipe; iv. There are seasonal rivers in the sub county; and v. PriVate waterlupply was reported in the ranches. c) Inadequate transport and communlcatlon servlces ii. III. IV Taveta sub county is connected to the county headquarter by tarmac roads. The rest of the sub county is served by all-weather roads; Some roads in the sub county are impassable during the rainy season such as the road from Taveta to Lake lipe; Flooding is noted in some areas bordering Lumi River and also Kitobo location that borders Tanzania; Public transport on the main tarmac road is available and also Boda boda is available in the other areas. 16 d) Non/llmtted avallablllty of soclal seMces i. Schools are available and well distributed in the sub county; ii. Health facilities such as Taveta Hospital and health centers/dispensaries are available; iii. Electricity is available in most parts of the sub county; iv. Housing is available for Public Servants. However, in Mata location is scarce and offered by the community; and v. Banking and Postal services are only found in Taveta Town and some shopping centers have Agency banking e) Harsh Cllmadc condldons and Terraln i. The terrain is flat and gently lyingi ii. Some areas in Jipe division are hot and dry 0 lnsecurity and hlgft poslblltty of securlty threats i. Security is generally good in the Sub County;

Human wildlife conflict was reported especially the elephants from the Tsavo East National Park and hippos from lake lipe. c) Poverty lndex Residens rely on agricultural activities crop and horticultural farming as well as livestock keeping for their income; Banana farming through irrigation for subsistence as well as commercial purposes; The sub county is a source of food stuff for the entire Taita Taveta county; and There is cross border trading in the sub county with neighboring Tanzania. Table 3: Ag8regated scones for the Vlslted areas ii. lI. iii. iv. Mwatate Sub county Wunda Sub county Taveu Sub Ronge locadon Ngerenyi location location Iuu Kishushe- location Mata location Mbololo- location welght s/No. Criteda VoiSub county locatio ia 77

l5 12 9 25 l3 13 o t3 12.5 l5 I Non/ Limited availability of Fnod 20 8 7 2 Non/ Limited access availability of, notahle water o l0 lo t2 Non/inadequate transport and communication cp l_l/tao c 20 ll t4 10 8 12 9 3 Non/Limited availability of social services rnrl rrnenif ip< t5 12 t3 lo 12 to 4 6.5 5 Harsh Climatic Conditions l0 7 5 7 6 5 2 2 2 6 lnsecurity and high possibility of Security Thrp:t 2 3 3 High Poverty lndex 5 3 2 2 3 2 2.5 TOTAL loo 56 57.5 45 55 55.5 57.5 6 o l0 l0 2.s 57.t 3 CHAPTER.IV SUMMARY OF FINDINGS, OBSERVATIONS AND RECOMMENDATIONS 4.0 lntroductlon Ba d on the field visit, discussions with the area administrative officers and County Directors of Education, representatives of the Teachers Service Commission in Taita Taveta County, the following are the team's general findings and observations. 18 _t I 7.

4.1 Findings arrd Observatlons I . Changes in administrative boundaries are not harmonized with registration of schools. For example, Elijah Mzae secondary school is registered under Mwatate sub County a classified hardship area by TSC while Kungu primary school which shares the same compound with the secondary school was registered under Wundanyi Sub County an area which is not a classified hardship area. 2. Some areas currently classified as hardship are no longer hardship given the prevailing conditions on the ground while some that should be designated as hardihip arC hot. Foi example,-under TSC the entire Voilub counry intluding Voi town is designated as hardship while locations such as Ronge in Mwatate, Mata in Taveta and Kishushe in Taita sub counties are not. 3. The team observed that there are inconsistencies in implemenution of the circular on designated hardship areas where gazzeted areas like Manyani in Ngolia location under the Civil Service are not paid hardship allowance. Under TSC, some areas in Mwatate Sub County which is designated as hardship are not receiving hardship allowance for example Ronge location; 4. The county receives most of its food from Taveta sub county which has banana farming under irrigation and also receives food supplies from Tanzania; 5. The water supply within the county is from boreholes, seasonal rivers, piped water from springs and private water tankers. The county receives long rains between October and December and short rains between April and May. 6. All sub counties headquarters are connected by tarmac roads where as there are some pockets that are impassible during rainy season. The rest of the county are served by all-weather roads; 7. The county is well served with social amenities including, schools, health facilities electricity and mobile communication network; 8. The county is home to Tsavo West and Tsavo East National Park which accounts for over 600/o of the total area and as a result, some paru of the county is exposed to Human Wildlife Conflict. 4.2 RESPONSE FROM KENYA NATIONAL BUREAU OF STATISTICS I . The lnter-Agency Committee recommended that Kenya National Bureau of Statistics (KNBS) undertake the following: - - a) fl,eview unit of analysis frorn the currenr-CoumyTSub-c'ounty/Difi5i6il Location,/Town/Urban Center/Zone so as to have a uniform criteria for identiffing, classifring and designating hardship areas for the entire pubtic Service 19

b) Study on development levels of current designated hardship areas to inform areas to be gazzeted as hardship and those to be de-gazzeted base on the levels of development. 2. A report on the above exercise was to be used by the lnter-Agency Committee to make appropriate recommendations on the prevailing policies, circulars and guidelines on designated hardship areas and payment of hardship allowance. 4.3. The Ministry vide a letter Ref. No MPYG.DPSM.2/7/3A dated 13ft September, 2Ol9 reqqested KNBS to undertake the task as recommended. A response from KNBS dated I 3n December, 2019 indicated that ' i. The uhit of Snily-is can bE reViewed to srlb:location subiect to availability of ' data at sub-location level which can be availed using the 2009 Census. ii. In applying the weighted parameters provided by the Inter-Agency Committee, the Bureau is only able to provide data on access to piped water, access to sewer system, electriciry and poverty levels. iii. The Bureau does not maintain data on the following parameters which the Committee identified as significant in designating hardship areas; Non/limited availability and access to food, Non/inadequate transport and Communication services, Harsh Climatic conditions, lnsecurity and high possibility to threats. The Bureau therefore recommended thaq a team be constituted to collect dau on these parameters. 4.5 On the study of development levels of current designated areas in order to inform either gazzetment or de-gazzetment of the existing areas, the Bureau recommended that jointly a taskforce be formed to carry out the evaluation of the development Ievels in the sub locations. However according to the Bureau, they do not have a budget to carry out the exercise. 4.6 RECO},IMENDATIONS ln view of the above findings and observations, the following are the team's recommendations: - I . The Ministry of Interior should gazette all changes in administrative boundaries so that all Government Agencies including TSC align their operations appropriately. 2. Payment of Hardship allowance for teachers in Kungu Primary school and Elijah Mzae Secondary School be handled administratively by TSC for parity of treatment. 3. The hardship areas under TSC and the entire Public Service should be reviewed and harmonized for gazettement and de-gazzetment. 20

4. lnconsistencies in implementation of circulars on designated hardship areas and payment of hardship allowance to be handled administratively by state Department for Public Service and TSC. 5. The lowest unit of assessment for designated hardship areas to be a location as opposed to the entire county or sub county. In addition, the classification should be categorized into two: moderate and extreme hardship areas. 6. Based on the response received from KNBS, the team is working on modalities to undertake the exercise. i -' t' 2l

Appendh: I LIST OF DESIGNATED HAR,DSHIP AREAS FOR. THE CIVIL SERVICE (OP/AB4 B I A of 7 D*ember, 20 I 5) Counties S/No. Tana River I Lamu 2 Carissa 3. Waiir 4 Mandera 5 Manabit 6 Isiolo 7 Makueni 8 Turkana 9 West Pokot 10. Samburu I l. Elgeyo Markwet 12. Laikipia 13. Baringo (Excluding Koibatek Sub-counry) 14. Tinderet Sub-counry in Nandi County t5. Manyani Area in Ngolia Ward in Taita Taveta County 16.

Appendk ll LIST OF HARDSHIP AREAS FOR. THE TEACHING SERVICE District S/No Hardship Areas 1 Suba Mfangano and Rusinga Islands Kuria 2 Kegonga Division Busia Budalangi Division 4 Kaiiado Entire District 5 Nakuru Mbogoini Division and Makongeni Zone (Part of Lower Solai) 6 Laikipia Entire District Kitui 7 Entire DiStrict I Kilifi Ganze Division 9 Keiyo Entire District 10. Entire District 11. Kwale Kinango and Samburu Divisions Trans Mara 12. Entire District 13. Mwingi Entire District Tharaka 14 Entire District 15. Mbeere Entire District Malindi 16. Magarini, Marafa and Kakoneni Divisions Machakos 17. Masinga and Yatta Divisions 1-8. Nyerr 19. Kiambu Ndeiya Division and Karai Location 73 3 Marakwet Kiehi Division

DIstrict S/No Makuyu Division Maragwa 20 Nyandarua Boarding Primary School 21. Nyahururu High School Nyandarua Muhoro, Fort Ternan, Soin and Sondu Divisions Kericho 23. Muhoroni Entire District and Sondu Divisions Kisumu 24. Kakuzi Division Thika 25. Kisanana, Mogotio, Emining, Sirwa and Kimg'orom Divisions 26. Koibatek Narok 27. Entire District Makueni 28. Entire District 29. lsiolo Entire District 30. Moyale Entire District 31. Marsabit Entire District Garissa 32 Entire District Mandera 33. Entire District Wajir Entire District 35 Lamu Tana River 36. Mbololo, Mwatate and Voi Divisions 37 TaitaTaveta Entire District Baringo 38. ire District Sarnburu 39. Entire District Turkana 40 74 Hardshlp Areas Nyandarua 22. Eastern Mau, Osupuko, Mara, Loita and Southern Olulunga Divisions 34. Entire District

S/No District Hardship Areas 41. West Pokot Entire District 42. ljara Entire District 43. Nandi Tinderet Division 44. Meru North -Mutuati, Ndoleli and lgembe East Divisions 45. -Buuri and Giika Locations 46. -Amung'enti and Thangatha Zones 47. -Mumui, Kiujuline, Akithi Zones 48. -Linioka, Ankamia Sub-Locations lq

Sub C-ounty DMslon Locatlon Sub Locatlon Taveta Bomeni Mboghoni Nioro Mboghoni Kimorigo Kimorigo Mahoo Malukiloriti Kitobo Ngarighashi Lesesia Miini Chala Nakruto Kidong'u Nakruto Chala Chala Mahandakini Niukini Chumvini Njukini Lumi lipe Kimala Rekeke Kimala Timbila Msengoni Mau Voi Voi Voi Kaloleni Mwangea Sagalla Ndara Kishamba Teri Talio Ngolia GIrazi Ndome Wongonyi Mbololo Appendk: lll Llst of Admlnlstrative Unls ln Talta Taveta County Mahoo Mrabani Kitobo Timbila Kachero 26 Eldoro Tausa Tausa Mata

Mraru Nyangala Marungu Maungu Miasenyi Kasigau Buguta Makwasinyi Rukanga Mwatate Mwatate Bura Ilole Mnamu Saghaighu Nyolo Mrughua Mwatate Mwatate Modambogho Sembe Kishamba Kishamba Mwachawaza Kaya llole Mengo Mwachabo Mwachabo Mruru Manganga Wumari Sechu Kidaya/Ngerenyi Kidaya Chawia Chawia Wusi Mwakitau Mwakitau MIughi/Mwashuma Godoma Mwambirwa Rong'e Msau/Rahai Kighombo/Marumbenyi Rong'e Nyika Rong'e luu Kishau/Kiweto Ndembonyi/Baghau Kironge/Makaleri Wundanyi Taita Wundanyi Wundanyi Shigharo Sungululu Mteni Mbale Mbale Choke MIechi Mogho Werugha Werugha )7

Mlondo Saghasa Marumange Wumingu Wumingu Mghambonyi Nyache Kishushe Kishushe Paranga Mgange Lushangonyi Mwaroko Mgange Dawida Mgange Nyika Mwanda Mwanda Niawuli 28

Appendk iv Memben of the lnter-Agency Sub Committee S/No. Name Mlnistry/Department SIGN I Mary Maungu Public Service, Youth and Cender Team Leader 2 Samuel Kipruto Kepya National Bureau of Statistics Member 3 lennifer Ndege Member 4 Erick Kipkorir Interior 8r Coordination of National Government Member 5 Beatrice Adieri Public Service, Youth and Gender Member 6 Florence Kigo Public Service, Youth and Gender Member 7 loyce Nkoru Public Service, Youth and Gender Member 29 Teachers Service Commission

(b) Commute Allowance r 5t Mfan no and Rusinga lslands in Suba District Kegon Division in Kuria District Budal ngi Division in Busia District Kaj iad District Mbog ini Division and Makongeni Zone in Nakuru Distri Laikip D istrict Kitui rstrrct Ganie Division, Kilifi District Ndeiya Division, Kiambu District Makuyu Division, Mardgwa District Nyandarua Boarding primary Nyahururu High Schooi H:ll?Jlr,, Forr Ternan, Soin and Sondu Divisions, Kericho Muhoroni Valley and SJndu Divisions, Kisumu District Kakuzi Division, Thika District [::.i]1"r", Mogotio, Ernining, Sirwa and Kirnng,orom lJ rvis ions, Koibarek Disriicr-' 3T:lYl,prrpuko, ll4u.u, Loira and Southern Otulunga utvtstons in Narok District 1. 3. 4. 5. 6. 7. 8. 9. 10. I1. 12. I3. l4 l5 l6 Keiyo District Marakwet District Kinan!o and Samburu Divisions, Kwale District Trans lMara District Mwin[i District I Tharaka District Makueni District Isiolo District Moyale District Marsabit District Carissa District Mandera District Wajir District Lamu District Tana River District Mbololo, Mwatate District Baringo District Samburu District Turkan6 District West Pokot District and Division in Taita Taveta o e District ini, Mafara and Kakoneni Divisions, Malindi Distr Masi ga and Yana Divisions, Machakos District Division, Nyeri District 38 39 17 td K \r ren 112 I i3 i t I I ,v 1 I \ \ \\!: _ t-_ I

1l L, 42 43 44 i ljara Distiict I Tinderet bivision in Nandi District Mutuati, Ndoteli and Igembe East Di ,Giika Locations; Amung'enti and Mumui, Kiujuline,Akithi Zone Linjoka locations lin Meru North District. Table 1,1: Responsibility Aliowance for Day primary Schools Table 1.2: Responsibilitv lAllo*"r.. for Approved Boarding Primary Schools visions; Bu-riri and Thangatha Zones; and Ankamia S'ub- 38. Acting Allowd Acting Allowf Appointment t! hold and act ii rnore than thirl .nce rnce shall be payable to a teacher whose Acting as been made ind approved by the Commission to La higher post, referred to in Regulation 33(l), for y days as follows:- (a) the full {esponsibility payment (referred to in Regulation 39) for tHe Post; or (b) the full ldifference between the teache/s salary and the )' minimur of the salary scale attached to the higher- adminisdative post for which a substantive scale, and nof an allowfnce is given. 39 (a). ResPonsibilitY Allowance Responsibilityi Allowance witl be paid to a Graduate teacher IV Aooroved Tehche, li on Job Group 'K' and below who is aeptoy"a on administrative duties in a teaching institution' Responsibility Allowance is pensionable only if a.teacher is in ,."eipt of ihe allowance on the day immediately before retirement. .Tfre allowance ceases once a teacher is no longer performing adm inistrative duties. t Streaus Headteocher Dcputy Headteacher Sqior Teaclrcr KSh P.M KSh P.M KSlt P.M S inglc 338 90 68 Double 180 135 Triple l0 t3 360 135 Four r350 r 35 Five r 688 450 t35 Six 2025 540 135 S evcn 2363 630 135 Eight 2700 't20 135 N inc 3038 810 r35 Ten 33',7 5 900 r35 I Headteacher Deputy Head KSh P.M KSh P.M KSh P.M (a) With boarders upto 60 360 120 60 (b) For of60 b thereof additional group oarders or part ))< 75 3B 114 r t5 I i I I I t1 6'15 270 Type Senior Teaclrcr

ANNEX 5 Sessional Paper No. 8 of 2012

REPUBLIC OF KENYA OFFICE OF THE PRIME MINISTER Sessional PaPer No. 8 of 2Ot2 on National Policy for the sustainable Development of Northern Kenya and other Arid Lands 'Releasing Our Full Potential' Final, 11 Odober 2012 MINISTRY OF STATE FOR DEVELOPMENT OF NORTHERN KENYA AND OTHER ARID LANDS

Final Version. I I October 2012 TABLE OF CONTENTS Glossary List of acronyms Foreword Chapter 1: Introduction .............. Chapter 2: GeograPhical Coverage Chapter 3: Situation Analysis Chapter 4: Goal and Objectives of the Policy Chapter 5: Elements of the Policy Chapter 6: Institutional and Legal Framework Chapter 7: Financing Annex 1: Summary of Policy Interventions by Objective Annex 2: Summary of Policy Interventions by Sector ..lll .. tv 74 24 26 ..27 32 1 3 7 13 1t

F'inal Version. I I October 2012 Term Cllmate change adaptation Climate-proofing Human caPital Non-equilibrium environments Northern Kenya and other Arid Lands Pastoralism Sustainable development Definition Adjustment in natural or human systems in respon or expected climatic stimuli or thelr effects, which harm or exploits beneficial opportunities. Identifying risks to a project or asset from climate change, and ensuring that those risks are reduced to acceptable levels througlr changes introduced at different stages in the project cycle. The resources and capabilities that enable people to be economically and socially productive. Investments in human capital can be made through education, training or health care Rangeland environments characterised by unstable and non- uniform distribution of nutrients as a result of variable and patchy rainfall. This phrase is used throughout the document and reflects the title of the Ministry (Ministry of State for Development of Northern Kenya and other Arid Lands). The Ministry's geographical coverage extends across the arid and semi-arid lands of Kenya. The term refers to both an economic activity and a cultural identity, but the latter does not necessarily imply the former' As an economic activity, pastoralism is an animal production system which takes advantage of the characteristic instability of rangeland environments, where key resources such as nutrients and water for livestock become available in short-lived and largely unpredictable concentrations. Crucial aspects of paitoralist specialisation are: 1. The interaction of people, animals and the environment, particularly strategic mobility of livestock and selective feeding; and 2. The development of flexible resource management systems, particularly communal land management institutions and non-exclusive entitlements to water resources. Development that advances social progress, economic growth and envi ronmental Protection' se to actual moderates lll Glossary

Final Version, I I October 2012 List of AcronYms ASALS Arid and Semi-Arid Lands CBAHW Community-Based Animal Health Wo rker GDP Gross Domestlc Product HDI Human DeveloPment Index ICT Information and C-ommunication Technology MDGs Millennium DeveloPment Goals NER Net Enrolment Ratio TIVET Technical, Industrial, Vocational and Entrepreneurs hip Training tv

I-inal Version, I I October 2012 FOREWORD The title of this policy is a deliberate echo of the influential Sessional Paper No' 10 of 1965, which perpetuated the biased distribution of public investment established under colonial rule. Resources were directed towards the so-called 'high potential' areas of crop pioJuction, overlooking ine weattn of lowland livestock-based economies and creating the beep inequalities in human development which we see in Kenya today' The Government, under Agenda 4 of the 2008 National Accord, recognises both the threat posed by regional inequaiity and the potential that exists in all peoples and production systems.' Ke-nya Vision 20'30 acknowledges the special circumstances of previously maiginatiseo iommunities, and in its first Medium Term Plan lays emphasis on povefi reduction and the re-baiancing of regional development' Accelerated investment in previously neglected reglons is "essential if all Kenyans are to have an equal chance of sharing in the promise and benefits of Vision 2030' This paper does not duplicate national policies with universal relevance across Kenya' Rather, it addresses three distinct poliry challenges which are particular to Northern Kenya and ot'her arid lands: first, how to close the developmental gap between Northern Kenya and the rest of the country, which is a product of its historical experience, and in so doing itr-ngtnen national coneiion; second, how to protect and promote the mobility and institutional arrangements which are so essential to productive pastoralism; and third, how to ensure food and nutrition security across the arid and semi-arid lands, where unpredictability ls certain to increase as the impact of climate change deepens. By addressing these three policy challenges, the Government will release the latent p6t"ttiuf of ttie arid and semi-arid lands' In livestock, tourism, and renewable energy, and in its strategic location as Kenya's bridgehead to the markets of North Africa and the Middle East, the region has a major comparative advantage' This policy has benefited from the insights of numerous stakeholders, including community representitives, elected leaders, development partners, and technical specialists, and I taice this opportunity to thank them all. Since the role of my Ministry is to amplify the work of Government in the region, the commitments In this poliry will be implemented In close partnership with other Ministries. The arid and semi-arid lands of Kenya have much to offer our country' It is time that we looked at them differently, recognising their strengths and resources and understanding what makes them distinct.'gy Ooing so, we will remove the injustices from which they have suffered for too long, contri'bute t6 achieving our national development goals, and act in accordance with the ipirit and commitments of our new Constitution. Hon. Mohamed Ibrahim Elmi, E.G.H., M'B'E', M'P' Minister of State for Development of Nofthern Kenya and other Arid Lands

Final Version. I I October 2012 CHAPTER ONE INTRODUCTION 1.1 The Arid and semi Arid Lands (ASAL5) make up more than 40o/o of the earth's surface and are home to 35o/o of its population.' In Kenya, the ASALs occup! 89o/o of the country and are home to about 14 million people and approximately 70o/o of the national livestock herd, The ASALs have the lowest development indicators and the highest incidence of poverty in the country. This is partly the result of conscious public policy choices taten in Kenya's past. Under the heading 'Provincial Balance and Social Inertia', Sessional Paper No. 10 of 1965 stated the following: One of our problems is to decide how much priority we should give in investing in less developed provinces. To make the economy as a whole grow as fast as possible, development money should be invested where it witl yietd the largest increase in net output. This approach will ctearty favour the development of areas having abundant natural tesourcet good land and rainfall, transport and power facilities, and people renptive to and adive in development. For many years this statement guided the direction of Government resources, with the result that the social and physical infrastructure of the arid districts was neglected. Many analysts also argued that the region's main livelihood strategy, mo'bile pastoralism, was irrational and environmentally destructive, and that the ASALs contributed little to the national economy' I.2 1.3 t.4 1.5 The Government recognises that these arguments are not based on sound socio- economic analysis but stem from a lack of appreciation of the region's potential and a lack of understanding of its production systems. The ASALs have hidden strengths and enormous resources that can be harnessed not only to sustain themselves but to contribute to natlonal development. Recent research estimates the contribution of livestock to agricultural GDP to be Kshs. 320 billion, only slightly less than that from crops and horticulture.' Since 2003 the Government has demonstrated renewed commitment to the ASALS, for example through the Economic Recovery Strategy launched in 2003, which recognised 'the important contribution [the ASALs] can make to national deveLpment'. It has now gone further and created the Ministry of State for Development of Northern Kenya and other Arid Lands' The Ministry wishes to put in place a holistic policy framework to facilitate and fast-track sustainable development in the region, reducing levels of inequality with the rest of Kenya and releasing its potential for the benefit of the nation as a whole. I Michael Mortimore, 2009.'Dryland Opportunities: A New Paradigm for People, Ecosystems and Development' tAoy fl"nnt. and David Muthami, 2011: 'The Contribution of Livestock to the Kenyan Economy', FAO & IGAD

Final Version, t I October 2012 t.7 1.8 The Government recognises that Kenya will not achieve sustained growth in her economy and progress as a natlon if the ASALs are not approprlately factored into national'planning-and development. Trickle-down approaches from areas which ;lr;;t have moie favourable investment climates have not worked; moreover, the pot"nti.r for significant growth in these areas.is now limited. The Government also recognises that Kenya wiit not achieve the goals of Vision 2030 or meet international commitments such as the Millennium Development Goals (MDGs) if regional inequarities are not addressed. Povefi, inequality and insecurity in one part of the ;;i, diminish the whole. Accelerated investment in previously neglected regions is necessary if all Kenyans are to have an equal chance of sharing in the promise and benefits of Vision 2030. Experience from other parts of the world suggests that the right institutional framework has often been key to success in addressing regional under-development

pi,ti.rraay one which harnesses high-level political leadership to ensure strong

partnerships'across sectors and between different levels of Government, and which irovides a clear legal framework for implementing institutions' The solutions to iegional under-development are only partly economic; they may also be achieved thiough changes in social attitudes and in the distribution of power and authority, for example through enhanced devolution. This policy does not duplicate national policies which have universal relevance across Kenya. Rather, it focuses on issues which are distinctive to Northern Kenya and other Arid Lands, on which a more nuanced policy response is required' Its provisions are consistent wlth the African Union Policy Framework for Pastoralism in Africa, which was approved in January 2011' 2 t.6

Final Version. I I October 2012 CHAPTER TWO GEOGRAPHICAL COVERAGE 2.L Introduction The phrase 'Nofthern Kenya and other Arid Lands' in the title of the Ministry refers to an area that is commonly called the ASALs (arid and semi-arid lands), and that covers nearly 90o/o of the country. Inevitably there is significant diversity within such a large region, which this chapter seeks to explain. 2.1.L 2.1.2 Three distinct but related terms are used in this document: the ASALS, pastoralism, and Northern Kenya. The three are inter- connected. The arid counties are geograPhicallY synonymous with the concept of 'Northern KenYa', which refers to the area once known as the Northern Frontier District (NFD), Pastoralism is the dominant production system in the arid counties, and in some semi-arid counties as well. 2.1.3 However, there are also important differences between the three terms. Not everyone in the north is a pastoralist. Nor are the MAP OF KENYA SHoWING ARID AND SEi.,ll ARID DISTRICTS RED ARE ARID OISTRICTS YELLOW 'IRE SEMIAR ID OISTRICTS inequalities between the r north and the rest of KenYa primarily a consequence of ' its ecology - hence the use of the term 'Northern KenYa because they raise different three sections. ' as well as 'arid lands', All three terms are important policy concerns, which are summarised in the next 2.2 Arid and Semi-Arid Lands (ASALS) 2.2J fhe defining feature of the ASALs is their aridity. Annual rainfall in arid areas ranges beflveen 150mm and 550mm per year, and in semi-arid areas between 550mm and 850mm per year. Temperatures in arid areas are high throughout the year, with high rates of -evapotranspiration. The primary policy challenge is how to ensure food J

Final Version, 1l October 2012 2.2.2 2.2.3 2.3 2.3.r and nutrition security in a sustainable manner in environments that are prone to Ji*glit, *n"r" p"opi"'s access to and control over critical livelihood resources such as la;d is insecure, and where unpredictability is set to increase as climate change takes hold. In this respect some semi-arid areas face challenges equal to or greater than those in arid. In the semi-arid counties of Kilifi and Taita Taveta, for example, the level of stunting in children under five, which is an indicator of chronic matnulrition, is highei than in the arid counties of Turkana, Marsabit and Mandera - tniee ptaceswitn ine nighest levels of povefi in the country'3 There are important dlfferences between arid and semi-arid areas' The economy of arid areas is dominated by mobile pastoralism, while in the better-watered and better-serviced semi-arid ui".r u more mixed economy prevails, including rain-fed and irrigated agriculture, agro-pastoralism, bio-enterprise, and conservation or tourism-ielated activities. bthLr grorpt within the ASALs depend on fishing, hunting inJ gatnenng for their subsisteice. The ecology of semi-arid areas allows for the inteniificatioi of production in a way that the ecology of arid areas does not' Nevertheless, both arid and semi-arid areas experience chronic food insecurity and face critical challenges such as population increase, degraded ecosystems, and climate change. Population density ranges from- 1 or 2 people per km2 in parts of. Turkana and Marsabit to 358 ieop6 per km2 in parts of Killfi.a Population growth rates in the ASALs are generally'higher than in other parts of the country' This is partly the result of in-migration, ano partty because fertility rates are falling faster elsewhere in Kenya. As much as 54o/o of the population in Mandera, for exa-mple, is aged 0-14,s Access to infrastructure and services in semi-arid areas - with the exception of those with significant pastoral populations - is comparable with the national average, whlliin arid areas it is far below. For example, in 2006 the ratio of public schools to secondary students in semi-arid Kitui was 1:831, while in arid GariSSa lt was over four times'higher, at l'.3,774.6 Pastoralism Pastoralists in Kenya are found in all the arid counties and in some of the semi-arid' Pastoralism is the extensive production of livestock in rangeland environments' It takes many forms, but its principal defining features are livestock mobility and the communal management of natuial resources, These are regulated by sophisticated gou"rn.n." systehs within pastoral societies. The primarypolicy challenge is how to [rote6 and promote mobility and, in line with the Constitution, support the customary institutions which underpin pastoralism in a society which is otherwise sedentary and tending towards more individualised modes of organisation and production. 3 Republic of Kenya, 2007: ,Kenya Integrated Housetrold Budget survey, 2005-06' 4 Republic of Kenya, District Development Reports, 2002-2008 5 Re;;blic of renya, zoto: Kenya Population and Housing Census, 2009 6 Number of schools: EMIS School Census data returns. School-age population: District Development Plans 2002-2008 4

Final Version, I I October 2012 2.3.2 A policy focus on pastoralism is justified for two main reasons. First, pastoralists are among the groups most marginalised from socio-economic services and infrast-ructure. -Successful achievement of national and international development targets will depend on the extent to which attention ls given to the distinct cha-ilenges facing pastoral communities. The second reason is that, until recently, most g6vernmenls viewed pastoral areas as net consumers of national wealth that offered poor prospects of return on investment. Pastoralism was therefore less valued than other forms of land use and less well-supported. Recent studies have shown that these views were misplaced. As a result, Governments in several countries, including Kenya, now recognise the strengths of pastoralism and have formed ministries or other authorities to enhance the contribution of pastoralism to food security, environmental stewardship, and economic arowth. 2.4 Northern KenYa 2.2J fhe defining feature of Northern Kenya is its separation from the rest of the country, wnicn ls evident not just in the wide developmental gap between the region and the rest of Kenya but in socio-cultural attitudes and perceptions. The primary poliry challenge is how to close this gap and achieve national integration on terms that Oenefit the people of the region and the country as a whole' 2.2.2 This separation has its roots deep in Kenya's past, in the creation of the NFD by the coloniai regime. The NFD was used as a buffer against hostile neighbours - an expansioniit Abyssinian empire to the north and an unstable Jubaland to the east. Governance of the NFD was characterised by restrictions on movement, collective punishment, and the use of extensive non-accountable executive powers. Lm"rgenry laws were not repealed until the advent of multi-party rule in the 1990s, Oy wnicn time the region had fallen far behind the rest of Kenya in levels of investment, infrastructure, and human development. 2.2,3 Northern Kenya displays many of the characteristics of remote rural areas caught in chronic poverty traps, which face multiple and interlocking forms of disadvantage. Isolation, insecurity, weak economic integration, limited political leverage, and a challenging natural environment combine to produce high levels of risk and vulnerabitity. Eighteen of the 20 poorest constituencies in Kenya, whereT4o/o - 97o/o of people live bllow the poverty line, are in Northern Kenya.T The highest rates of povefi are observed among those who are no longer directly involved in pastoralism, particularly those without livestock who depend on casual labour or petty trade in towns. 5 7 Republic of Kenya, 2008: 'Constituency Report on Well-8eing in Kenya'

Final Yersion, 1l October 2012 2,2,4Thegeographicalcoverageofthesethreepolicychallengesisasfollows 2.2.5 In summary, the remit of this policy extends across the entire arid and semi-arid lands, The policy acknowledges and responds to the specific ecological, social, eionomic and political realitie"s in the ASALs that distinguish them from the rest of Kenya. However, within such a large region different areas inevitably have their own distinct policy challenges which are reflected in its specific provisions. Nofthern Keqta_ Pastora lism ASALS Counties covered Turkana, parts of Baringo, West Pokot, Samburu, Isiolo, Marsabit, Mandera, Wajir, Garissa, Tana River, Lamu Turkana, Baringo, West Pokot, Samburu, Isiolo, Marsabit, Mandera, Wajir, Garissa, Tana River, Narol( Kajiado, parts of LaikiPia Turkana, Baringo, West Pokot, Samburu, Isiolo, Marsabit, Mandera, Wajir, Garissa, Tana River, Narolg Kajiado, Lamu, Kilifi, Kwale, Taita Taveta, Kitui, Makueni, Meru, Tharaka-Nithi, Embu, Laiki a N ri 6

Final Version. I I Oclober 2012 3.1 Introduction As the introduction suggested, there are two themes running through this poliry' One is the challenge oiregional inequality, which primarily affects the arid north. The other is the lat6nt potential of the ASALs and their economic, environmental and cultural wealth, which is rarely captured in conventlonal methods of analysis. Underlying inequalities must be removed before this potential can be realised. For the most pad these inequalities concern what Vision 2030 calls the foundations for development, and speclfically the poor economic and social infrastructure in Northern Kenya. This chapter addresses both these broad themes, by illustrating the extent of regional inequality and by highlighting the potential gains for the region and the nation as a whole were these inequalities to be removed' 3.2 The extent of regional inequality In the arid north of Kenya, the basic foundations of development are inadequate or lacking. Access to education, health, water, diverse dietary intake, infrastructure, en"rg!, and ICTs are all well below the national average. These are critical enablers of gidwtn and their absence is holding the region back. The consequences for numan development are evident in Figure 1: in 2005 seven districts in the north had a Human Development Index that was half the national average; it was also lower than that of Sierra Leone, which at that time was the lowest-ranked country in the world.s One indicator of vulnerability is the pattern of formal credit use. For example, only 5o/o of households in Samburu seek credit, against a national average of 30'7o/o' Nearly 650lo of these borrow Fi& lHuman D€veropment rndices for subsistence rather than investment, against a national average of 37.4o/o.e However, these figures do not reflect the substantial level of inter-household borrowing that often keePs pastora list families afloat. Iqrr... w.lh G..ht. T-. [... M.nd.r.w.rr Rlv.t Pokor 3.2.L Infrastructune: access to transpolt, water, enelgy and ICTs 0.6 05 o, o3 o-2 ol 0 s UNDP, 2006'Kenya National Human Development Report, 2006: Human Security and Development: A O"tiU"rut" Choice'. The HDI for Sierra Leone in 2OO5 was 0.336. The Human Development Index is a iorp"rii" measure of four indices: life expectancy, adult literacy, gross enrolment (primary, secondary, tertiary), and GDP Per caPita. tn"prui[ of renya, 2007: .Kenya Integrated Household Budget survey, 2005-06' 7 T TI II II CHAPTER THREE SITUATION ANALYSIS

Final Version, I I October 201 2 3.2,1.1 Nofthern Kenya covers close to 400,000km2^of land but has less than 700km of tarmac road, most of which is in disrepair.'o Figure 2 shows the differentials in roaddensitybyprovince,withthelowestdensityinthoseprovinceswhich stretch across the arid north, i.e. North Eastern, Eastern, coast and Rift valley'11 Water and sanitation infrastructure is poor and badly maintained' Nearly 43o/o of p;;r"l; arid areas take more than one hour to reach water in the dry season; zqo)a rlre more than two hours (Figure 3).12 only one county, Isiolo, is currently connected to the national electricity grid' Mobile telephon" op"ruto6 are expanding their networks, but coverage is still limited to the major towns, The ICT infrastructure is inadequate and expensive' nttnougn the fibre-optic cable has now reached several locations in the north, for the mJst part communication remains heavily reliant on satellite' Fig. 2 Road density by province (length/sq km) 0.1 0.2 0.3 0.4 1.4 1.4 2 3.2 3 0.5 0 Arid >2 hours 1-2 hours Fig. 3 Time taken to reach water in dry season 10 15 20 Sem i-arid >2 hours 1-2 hours 30 0 10 Glculated from District Development Plans 2002-2008 t' n"prUfiiof r"nya,2007: 'Kenya Integrated Household Budget Survey' 2005-06' '2 ALRMP II Baseline Survey, 2006 ti 3.2.1.2 3.2.r.3 l.lorth Eastorn Eastern Coast Ritt Vall€y Westem l.lyanz a Central Mirobi 1.5 2 5

Final Version, 1l October 2012 3.2.2 Education 3.2.2.t A significant proportion of th-e population aged 6-17 in Northern Kenya has never neei to school (Figure 4).13 Four years after the introduction of free primary education in 2003, the average net enrolment ratio in public primary schools across arid areas was 51.1o/o (2007), against a national average of 91.60/o. This was an increase of nearly 45o/o on the 2OO3 NER, suggesting a growing demand for education. Westcm P.o\,ince Nyanza Pro\ince Centl-al Province Fig: 4 Porcentage of populatlon &17 who have nover attonded school West Pokot Turkana Samburu Baringo Wajir Mandera Garissa Moyale Marsabit lsiolo Tana Ri\€r 0 10 20 30 40 50 60 Fig. 5 Distance to secondary schools: arid districts However, it also conceals significant differentials within the region; enrolment in places such as Wajir, Garissa and Ijara is still below 3Oo/o'ta 3.2.2.2 3.2.2.3 At secondary level, the NER in arid areas in 2007 was 5.52o/o, against a national average of 24.2o/o. For 600/o of students in Northern Kenya there is no school within 6km; for nearlY 50% there is no school within 11km (Figure 5).ts o 0-5km l6-1okn t>1'lkn Rates of retention, survival and completion in Northern Kenya are also very low' The primary completion rate in the north in 2007 wds 42.3o/o, compared with 81o/o nationally. More specifically, 56.40/o of boys completed but only 27'60/o of girls,16 Northern Kenya also has the lowest ratios of trained teachers to pupils, iow pe;formance in the national examinations, and low rates of transition to university. With some notable exceptions - such as Moyale at primary level and Turkana and Tana River at secondary level - there is also a significant gender gap in enrolment, to the disadvantage of girls. tr Ibid. to iar" nuto, 2009: 'Education on the Margins', unpublished background study for UNESco 9 ts ALRMP II Baseline SurveY, 2006 t6 Sara Ruto, 2009: 'Education on the Margins', unpublished background study for UNESCO

Final Version, I I October 2012 3.2.2.4 3.2.3 Health 3.2.3.r 3.2.3.2 Health indicators in Northern Kenya are generally poor, but particularly so for women and children, with high maiernal, infant and child mortality, high levels of acute malnutrition, and low immunisation coverage. Figure 6 shows that there ire significant differentials between the northern arid areas and other parts of nift Villey and Eastern Provinces in the percentage of childre_n delivered with traineO care.'e Sanitation coverage is also low. Toilet coverage for North Eastern province in 2003 was 19.1ol0, -the lowest in the country, against a national average of 83.8%o.20 Fig. 6 Percentage of children under five delivered with Fig. 7 Number of patients per doctor by province 17 Republic of Kenya, 2007: 'Kenya Integrated Household Budget Survey, 2005-06', table 4'6 trained care 74.6 60 KenF: Central NFna ale rage North Easlern Rif, Valley oU\e r dis tricts Eastern other districts Easlern a rid d is ricts 56.7 33.1 15.5 25.7 Rin Vallef arid districts 140000 120000 100000 80000 60000 40000 20000 0 C€ntral E stern Rftvalley Western Coast l,lorth Eastern '8 Ibid. rs nepuotic of Kenya, 2007: .Kenya Integrated. Household Budget survey, 2005-06' 'o aepuOtic of Kenya, 2004: 'Demographic and Health Survey, 2003' 21 uNIctF data ,, USAID, 2008: 'Report of Human Resources for Health (HRH) Rapid Assessment in North Eastern Province (NEP) Kenya' l0 Similar inequalities are evident In adult literacy, only 18.5olo of adults in Mandera and 19.1olo of adults in Turkana are formally iiterate, compared with the national u"arrg" of 79o/o.17 Again, the figures are worse for women: for every five literate men i-n Mandera there is only oie literate woman'18 The health service infrastructure is poorly distributed and inadequately staffed. The average distance to a health facilitY in Northern KenYa is 52km, ten times further than the national target of 5km.21 At the time of an assessment bY the APHIA II programme in North Eastern Province in late 2007, nearly one-third of the province's health facilities (49 out of 153) were closed due to lack of personnel.22 The doctor-Patient ratio in North Eastern Province is nearlY six times higher than 44.2 50.7

that in Central province (1:120,823 as against L:20,7t5 - Figure 7).23 Of the six Rural Health Training and Demonstration centres in Kenya, none are In arid areas, meaning that lrainees have inadequate exposure to the partlcular health challenges of mobile pastoralist communities' 3.3 The potentia! of the region Strategic position fne toc-agon of the region and its socio-cultural attrlbutes make it well-positioned to benefit from surplul capital in the Gulf, one of the fastest-growing parts of the world. It is also the bridgehead to a regional economy of more than 100 million people. Countries such is Ethiopia, South Sudan and Somalia need outlets for their products, impofts of manufactured goods and, in the case of South Sudan and Somalia, materials for reconstruction. Final Version, I I October 201 2 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 Livestock The ASALs host about 70o/o of the national llvestock herd with an estimated value of Kshs. 70 billion. As populations increase, urbanise and become richer, they demand more meat and other livestock products. Kenya is a meat-deficit country. Research suggests that 400,000 jobs could be created tf 50o/o of that domestic deficit were to be met by increased livestock production from North Eastern Province alone.2a Tourism The ASALs have a comparative advantage in tourism. They are home to more than 90olo of the wild game that supports the tourist industry, and contain most of the protected areas such as game reserves and national parks. The symbiotic interaction between wildlife and pastoralism, coupled with the rlch cultural heritage of pastoral and agro-pastoral communities, is a major tourist attraction. Touri# is usually Kenya;s highest foreign exchange earner and contributes around l2o/o to KenYa's GDP' Natural wealth The ASALs have enormous potential for renewable energy, from both solar and wind. Other natural resources include sand and gravel for construction, soda ash, gums, resins, gemstones, medicinal plants, and potentially oil and gas' 5ignificant aror-nts of seasonal water run-off are currently lost but could be 23 UNDp, 2006: 'Kenya National Human Development Report 2006: Human Security and Human Development: A Deliberate Choice' L neSnfSS, 2008: 'Investment Opportunities for Livestock in the North Eastern Province of Kenya: A Synthesis of Existing Knowledge' ll Trade The economies of the lowlands and highlands are complementary. opening up the north will generate more demand for Kenyan products. There is already significant movement of capital between parts of the north and Nairobi, which is set to grow.

Final Version, I I October 2012 3.3.6 3.3.7 harnessed for domestic and productive use. Dryland soils and vegeta.tion store irOrtuntiul amounts of carnon, suggesting that the ASALs could be integrated into the carbon market and generate payments for environmental services such ii carUon sequestration, ass-uming that equitable and effective mechanisms to manage this can be Put in Place' Pastoratists' experience of managing climate variability Pastoralists have successfully managed climate variability for centuries' Their skiils and indigenous knowledge will become more valuable as the impact of global climate change becomes more pressing' Urban develoPment -arefully ptannld and strategic urban development in the ASALs will benefit the region,,particularlythroughemploymentcreation.ItwillalsoopenUpnew ec"onomic opportunities foitne country as a whole, reducing population pressure in high-density areas and strengthening national cohesion through the inter- mingling of social groups. t2

Final Version, I I October 2012 CHAPTER FOUR GOAL AND OBJECTIVES OF THE POLICY 4.1 The goal of this policy is to facilitate and fast-track sustainable development in North-ern Kenya and other arid lands by increasing investment in the region and by ensuring that the use of those resources is fully reconciled with the realities of people's lives. The objectives of this Poliry are: i. To strengthen the integration of Northern Kenya and other arid lands with the rest of the country and mobilise the resources necessary to ensure equity and release the region's Potential. ii. To improve the enabling environment for development in Northern Kenya and other arid lands by establishing the necessary foundations for development, iii. To develop alternative approaches to service delivery, governance and public administration which accommodate the specific realities of Northern Kenya and pastoral areas. iv. To strengthen the climate resilience of communities in the ASALs and ensure sustainable liveli hoods' Implementation of this poliry will contribute towards the Government's vision of security, justice and prosperity for the people of Northern Kenya and other arid tands. it will help achieve the three pillars of Vision 2030 - economic, social and political - but particularly the social pillar, which seeks to 'create a just and cohesive society that enjoys equitable social development in a clean and secure environment'. Finally, it will ieduce dependence on relief interventions and the heavy financial burden of emergencY resPonse. 4.2 4.3 l3

Final Version, I t October 2012 CHAPTER FTVE ELEMENTS OF THE POLICY 5.1 Strengthen national integration, cohesion and equity 5,1.1 A long history of separate development in the colonial and immediate post- coloniil periods Old little to build understanding between Kenyans in the nofth and those in the rest of the country, To many, the north is remote, hostile and insecure,anditspeopleresistanttochange,Intheirturn,manyinthenorth regard the south as a distant and different country' 5.1.2 These attitudes have shaped patterns of investment in Kenya, such that the north has fallen far behind the rest of the country against most indicators of social and economlc development. Further, certain laws and administrative regulations which apply only to the north and not to the rest of Kenya remain in foice; examples inciude the Stock Theft and Produce Act, and the requirement to ,ecrie police clearance for flights, However, under the new Constitution, differential treatment of this kind is no longer constitutional. 5.1.3 Northern Kenya and other arid lands require accelerated investment for a finite period in order to achieve equity and release the region's potential. This time- bound affirmative action will need the support and understanding of all Kenyans, which can only be secured through greater contact and exposure between communities in different parts of the country. This in turn will contribute towards the objective of the Vision 2030, which is to move all Kenyans to the future as one nation - a nation that respects and harnesses the diversity of its people's values, traditions and aspirations for the benefit of all' 5.1.4 In order to strengthen national cohesion and accelerate investment in the region, the Government will: . Build mutual understanding and respect between the people of Northern Kenya and other Kenyans through a deliberate programme of education and social change. . Ensure that the Equalisation Fund and other measures in the new Constitution that aim to remove marginalisation in Kenya address the particular challenges facing Northern Kenya and other arid lands' . Develop a package of fiscal and other incentives that will attract private sector investment into liorthern Kenya and other arid lands, particularly if investing in the region's core resources, such as livestock, or its social and economic infrastructure. . Ensure that all investment and economlc development protects the environment, providescompensationwhererequired,anddeliversmaximumbenefitsto communities in the region and to Kenya. This includes developing an investment framework and appro[rlate mechanisms that channel a fixed percentage of the proceeds from naturai resources, including oll and mineral resources, directly to local communities. t4

Final Version, I I October 2012 5.2 Improve the enabling environment for development in Northern Kenya and other arid lands Lack of the basic foundations for development in Northern Kenya and other arid lands, particularly infrastructure, human capital, and security, is deterring invesiment, undeimining productive potential, draining resources into prolonged emergency response, and frustrating local-level initiative. 5.2.L Infrastructure 5.2.1.L 5.2.1.2 Kenya Vision 2030 aspires to be a country that is firmly inter-connected and identifies infrastructure as a key foundation for development. A more robust infrastructure in Northern Kenya and other arid lands will stimulate investment and growth. It will create jobs, reduce poverty, improve terms of trade and lower the iost of doing business. Better infrastructure will lmprove security, stabilise the region, and strengthen its integration with the rest of the country and neighbouring markets. In order to open up Northern Kenya and other arid lands for development, the Government will: . Develop and maintain an integrated, safe and efficient road, rail and air transpoft network in the region, prioritising the development of transport corridors linking Kenya to key markets in Ethiopia, South Sudan and Somalia and beyond them to the Middle East. Thls will include the Lamu Port-South Sudan-Ethiopia transport corridor. . Invest in water harvesting, water supply and irrigation infrastructure. . Improve the water and sanitation infrastructure in line with a strategic assessment of the most appropriate locations and technologies' . Harness renewable energy such as wind and solar for the benefit of the nation. . Expand access to power and ICTs for the people of the region' . Draw up strategic development plans for urban areas that meet the housing, employment and service needs of urban populations, and provide sustainable economic opportunities for their surrounding rural areas, while also protecting the grazing and water rights of pastoralists. . Devllop 5 cost-effective housing strategy for the ASALs that applies appropriate building technologies and best practices in human settlements in arid areas. . Ensure that infrastructure investments are climate-proofed and appropriate to the particular circumstances of the region. . Take appropriate measures to enhance private sector participation in infrastructure development, such as the provision of incentives in sectors such as housing, renewable energy, transport, and communication' l5

Final Yersion. 1l October 2012 5.2.2 Human caPatal A healthy and skilled population is critical to achieving the goals of Vision 2030, particutaity that of global competitiveness. However, the disparities in human capital between the north and the rest of Kenya are so acute that major investment will be necessary if the region is first to compete on an equal basis with the rest of the country. Learning facilities in Northern Kenya are inadequate. There is no functional universi-ty or university college, only one teacher training college, one technical irui^inf institute, and ,ery 'few' TIVET institutions (Technical, Industrial, Vocati6nal and Entrepreneurship Training). The number of teachers is insufficient, with very fbw recruited locally, and there is little attention paid to iurrv CnirOi.,ood Development. As a result, the reglon achieves very low rates of enrolment, transition, completion and literacy, particularly for girls, and performs poorly in the national exams. Very few students qualify for competitive profeisional courses such as medicine and engineering, and very few qualify for admission under the loint Admission Board, 5.2.2.1 5.2.2.2 5.2.2.3 The health service infrastructure is also poor, with few and scattered health facilities staffed by inadequate numbers of personnel. Health and nutrition indicators compare unfavourably with the national average, particularly for women and children. High levels of poverty limit the role of private health providers: most people ii the region access services almost exclusively from public health facilities. seasonal fluctuations in access to an optimal, diverse diet impact significantly on the survival and development of children, women and other vulnerable grouPs. In order to strengthen human capital in Northern Kenya and other arid lands, the Government will: . Develop and improve appropriate infrastructure for education, training and health care at all levels, including tertiary and higher education' . Increase the number of appropriately trained education, health and nutrition professionals and develop' mechanisms to attract and retain high-calibre officers. . Introduce affirmative action programmes for people from Northern Kenya and other arid lands, pafticularly women, to enter all public training institutions' . Target a percentage of bursarles at students from Northern Kenya and other arid" lands, particularly girls who wish to pursue tertiary and university education. . Address issues that disproportionately affect the education, health and nutritional status of girls and women' . Ensure that the Health, Agriculture, Livestock and Education sectors fully incorporate nutrition considerations in their programmes and policies' l6 5.2.2.4

Final Version, I I October 2012 5.2.3 s.2.3.t 5.2.3.2 5.2.3.3 While the region still has relatively strong systems of traditional justice and governance, i[ is poorly served by the formal justice system. Until recently there iur no High Court in t'he whole of the arid counties (there is now just one). The number oipeople per court in North Eastern Province is more than 2.5 times the number in'Centrai Province.2s The size and poor infrastructure of the region makes the cost of reaching the nearest court prohibitive' In order to enhance security and the rule of taw in Northern Kenya and other arid lands, the Government will: . Put in place comprehensive measures to end livestock raiding and inter- communal violence, including incentives for individuals, communities or institutions which deliver positive results for peace' . Enhance the presence and capacity of the security and justice systems. ' Strengthen traditional systems of governance and alternative dispute resolution mechanisms. . Enact and implement the National Peace Building and conflict Management policy. . Apply conflict-sensitive approaches to development' . Ensuie that all interventions in the region are planned and conducted in a manner that is sensitive to local values and priorities' . Put in place measures to minimise human-wildlife conflict' . Develop a mechanism with neighbouring countries which ensures effective management of peace and security' ,t Society for International Development, 2004: 'Pulling Apart: Facts and Figures on Inequality in Kenya l1 Security and the rule of law In popular imagination, Northern Kenya and other arid lands are associated with insecurity and violence, These perceptions deter investment and undermine development. However, the level of crime is generally low, Insecurity is primarily driven by competition over natural or political resources or by a group's desire to assert itielf. The security infrastructure ls Inadequate for such a large area with poor communication networks, a dispersed population, and a heavy presence of illegal firearms. Insecurity in this border region has international ramifications, bui there is no comprehensive reglonal framework governing cross-border interaction.

Final Version, 1l October 2012 5.3 5.3.1 5.3.2 5.3.4 5.3,5 5.3.6 Develop alternative approaches to service delivery, governance inO prhi" administrailon in Northern Kenya and pastoral areas ThepopulationofNorthernKenyaandsomepastoralareasish.ighlydispersed, scattered across a large area in relatively small settlements. Many people are also mobile, since mobllity is key to reliable production in dryland envlronments' The Government recognises that mobility is a rational and sophisticated response to environmental coniitions. However, mobility in many pastoral areas of Kenya is curtailed by settlements, administrative boundaries, conflict, and land alienation. Both mobility and low population density make service delivery more challenging' Distances to schools, health referral facilities, and centres of justice and administration are long, and over poor roads with limlted transpoft. Pastoral production traditionally depends on access to household labour. An education system that offers only static centres of learning is incompatible with families' need to remain mobile, thus lmpeding the education and career development of both boys and girls. In addition, the generally subordinate status of women, and certaln culturai practices in pastoral societies, have a negative impact on girls' education. The organisation of government has particular ramifications in pastoral areas' Smallei units of adirinistration may undermine the mobility of pastoralists through the proliferation of settlements and boreholes. They may also reinforce the p-osition of majority clans versus minority clans. Activities which require a citizen's presence on a fixed day in a fixed place, such as an election or census/ do not take account of mobilitY' Traditional systems of governance and administration in Northern Kenya and arid lands are still strong, [articularly those dealing with peace building and natural resource management. There are positive examples of formal and customary systems of govirnance forging an accommodation with each other. There are .l* "run1ptis of contradictions between the two: for example, there is a dissonance between the rights of the individual in a modern electoral system and the dominant role of clan elders in shaping political leadership' One particular feature of social systems in pastoral communities is the status of youth,suchaSmoransinMaasaisociety,withinage-gradesystemsinwhich fi6 is traditionally associated with increaslng political authority. Their specific situation is not currently addressed within natlonal youth policies. 5.3,3 l8

5.3.7 In order to ensure that people in Northern Kenya and pastoral areas enjoy a level of access to public serviies comparable to those in other parts of the country, the Government will: . Recognise, through legislation, pastoralism as a legitimate form of productive land use ana Oevetopment on the same basis as farming, and incorporate the value of dryland goods and services within national economic planning. . Reconcile the electoral system with the realities of arid and pastoral areas. . Ensure that devolved structures accommodate mobility and resource-sharing across administrative boundaries and draw on the knowledge and experience of customa ry institutions. . Explore innovative ways of enhancing security and access to justice in arid and pastoral areas. . integrate the specific needs and circumstances of pastoralist youth, both women and men, within national youth policies and strategies, and develop youth- friendlY social services. Final Version, I I October 2012 5.3.8 In the eduation sector, the Government will: . Introduce flexible education systems of high quality, which are responsive to the needs of the area and which reinforce traditional knowledge systems in pastoral societies. . promote the use of appropriate ICTs and other technologies in service delivery. . Revise the Education Act to incorporate alternative ways of providing education services to nomadic communities, such as distance and mobile education. . Establish the National Council on Nomadic Education' . Expand adult literacy services, particularly for women' 5.3.9 In the heatth sector, the Government will: . Introduce flexibie health systems of high quality which are responsive to the needs of the area. . promote the use of appropriate ICTs and other technologies in service delivery. . Adapt community-based health systems for remote and mobile populations, and integrate these with animal health systems where appropriate' . Introduce a health insurance scheme tailored to the needs of pastoralists. l9

5.4 strengthen the climate resilience of communities in the AsALs and ensure sustainable Iivelihoods 5.4.L 5.4.1.1 5.4.L.2 5.4.2 Drcught management and climate change Droughtisanormal,recurringbuttemporarycharacteristic.ofaridareas. Orou6nt periods can be anticipited and managed; failure to do. so has major social and economic consequences, particularly for women and girls. The 2008- 2011 drought is estimated to have cost Kenya US$12.1bn in damages and losses .orOiruJ.l, The frequency and severity of drought perlods appear to be increasing: Northern Kenya'recorded 28 major droughts in the last century, four of which -occurred in the last decade. Other pressures, such as population growth and settlements, undermine the capacity of communities to manage drought. O"iplt" substanlial experience in (enya, drought response. is still not timely enougn. Contingency piuns ure activated too late to prevent the widespread loss of assets. climate change will exacerbate the challenges already facing the region. Chronic p"""rty and iulnerability In the ASALs mean that adaptive capacity is generally iow. Tiaditional mechanisms for managing climate variability, such as mobility and the use of drought reserve areas, are being closed off. Some areas that used to be set aside for emergency grazing now have an over-supply of water year- round. In order to reduce the effects of drought and climate change on vulnerable communities in the ASALs, the Government will: . Establish the National Drought Management Authority and National Drought and Disaster Contingency Fund, and ensure timely activation of contingency plans to protect assets. . bazette and manage emergency drought reserve areas and encourage the development of buffer areas of crop and forage production as part of contingenry Planning. . Mainstieam climate foresight and climate adaptation into planning at all levels. . systematically strengthen the strategies used by communities to adapt to climate variability and to reduce and manage the risks from natural disasters' . Explore opportunities and develop appropriate mechanisms through which communities can benefit from bio-carbon initiatives' Land and natural nesource management 5.4.2.1 High levels of human Po wealth and biodiversitY medicinal plants are all critical resources upon which the people of the region verty in the ASALs co-exist with a rich store of natural . Livestock, wildlife, forests, pasture, minerals, and 25 Republic of Kenya, 2012: 'Kenya Post-Disaster Needs Assessrnent for the 2008-2011 Drought' 20 Final Version, I I October 2012 5.4.1.3

Final Version, I I October 2012 5.4.2.2 5.4.3 5.4.3.1 depend. However, natural resource management systems have come under increasing ptetsrie from competing forms of land use, successive and more rrequentiioughts, and the proliferation of ever-smaller administrative units' iti"r. pr"t"ntieal challenges to the sustainable use of resources. Over the years people in the AsALs, such ;s pastoralists and those living in coast Province, have n""n Oitpottessed of their land and land-based resources. Unsustainable land use practices are increasing. In order to ensure sound land and natural resource management in the ASALS, the Government will: . Reinforce the authority of traditional natural resource management systems that promote sound environmental practices. . Protect and promote indigenous knowledge and practice, promote environmental education and awareness, and intensify environmental conservation efforts, . Protect and increase forest cover, riverine vegetation and critical water catchment areas in the ASALs, including special ecosystems such as Mts. Marsabit and Kulal. . Eradicate undesirable invasive species such as prosopis. . Promote low-maintenance water technologies, with an emphasis on water harvesting which (given likely climate change impacts) can deal with both abundance and scarcitY' . Ensure that the interests of pastoralists, particularly pastoralist women, are adequately and appropriately addressed in new land legislation and institutions, in line with the National Land Policy. Livestock production and marketing Livestock production is the dominant economic activity in the ASALs, particularly in the arld districts. This is true even in areas which have experienced the highest rates of diverslfication and social change. Livestock productlon in non- "{ritinri6 environments has different characteristics, such as the centrality of herd accumulation, and different requirements than in equilibrium environments. Livestock health systems in the ASALS are under-resourced. Successful experiences with community-based animal health workers are taking place in the absence of an appropriate legal framework' Private veterinarians currently play a limited role in the region since the prospects of profit are poor' There is also limited value addition in the livestock sector, and significant infrastructural and financial constraints facing livestock traders. In general, the livestock sector lacks the kind of institutional iupport in research, development and marketing that other productive sectors enjoY. In order to strengthen livestock production and marketing in the ASALs, the Government will: . Reform veterinary legislation to allow community Based Animal Health Workers (CBAHW;) tJtreat livestock under supervision and certification by the KenYa Veterinary Board. 2t 5.4.3.2

Final Version, 11 Oclober 2012 5.4.4 5.4.4.1 5.4.4.2 5.4.5 Develop more pragmatic measures governing veterinary quarantine and livestock movements, including night movement' Strengthen disease control and surveillance' RenaSilitate livestock marketing Infrastructure through partnerships with the private sector and community associations' 'Facilitate the establishment of strategic business partnerships between communities and local authorities, based on public-private partnership models. o"r.rop policy which facilitates and recognlses the contribution of cross- border trade and facilitates the cross-border movement of livestock for food security. Establish the Kenya Livestock Marketing Board' Establish mechanisms to extend affordable finance to livestock producers and traders, particularlY women. Ensure'tirat livestock-based food products enter the national food reserves' itrengthen research and extension systems which are relevant to the livelihoods of ASAL livestock-keepers, including women' Introduce livestock insurance schemes, particularly for pastoralist communities. Dryland farming Agro-pastoralism and marginal farming are critical to the livelihoods of cJmmunities in semi-arid areas in particular. In arid areas farming will be done in a manner that complements mobile pastoralism. The potential to increase both rain-fed and irrigated crop production is constrained by inadeqrrate extension services and production technologies, limited access to affordable credit (particularly given the high Investment required for irrigation), and poor post- harvest management and storage facilities. In order to enhance food security in ASALs, the Government will: . Strengthen research and extension systems relevant to rain-fed crop production, including soil and water conservation, organic farming and agro- forestry. promote water harvesting to ensure food security In collaboration wlth Regional Development Authorities. Inciease access to the skills and technologies needed for irrigated agriculture, particularly when community-managed. 'Promot" improved practices in post-harvest storage and management' strengthen market linkages between lowland and highland economies. Establish mechanisms t6 eftend affordable finance to smallholder farmers, particularly women, Livelihood diversifi cation The Government recognises that livelihood diversification is an important strategy in both arid anJ semi-arid areas to reduce vulnerability to ris;1, and that the nJiural resource base of the ASAG has rich potential in this regard' For I a I a a 5.4.5.1 22

5.4.5.2 5.4.6 5.4.6.1 s.4.6.2 example, there is growing interest in the production and marketing of natural products such as gums, resins, medicinal plants and culinary products. However, ih" Gor"rnrent jlso recognises that the natural resource base can not sustain the livelihoods of the entiie ASAL population, There is now a significant urban population right across the ASALS which needs off-farm opportunities for income and employment, In this light, the Government will: . Suppot' livelihood diversification strategies which add value within the livestock sector and complement livestock production. . Facilitate the production and marketing of dryland products' . Increase the benefits to communities from tourism through the development of community-owned eco-tourism enterprises or conservancies and the promotion of resPonsible tourism, . bromote formal and informal job creation, self-employment and entrepreneurship relevant to the needs of women, youth and men' Poverty and inequalitY Northern Kenya has the highest incidence of povefi in the country, A significant proportion of this poverty is concentrated around settlements, particularly among those who have lost livestock. There are also significant inequalities within the region, particularly with respect to the rights of women, lower castes, and minority clans. Most pastoral societies are highly differentiated along gender and generaiional lines, although social relations are changing under the influence of Iducation, urbanisation and commercialisation. The disabled and those with HIV/AIDS still face high levels of stigma' In order to reduce pverty and inequality in the region, the Government will: . Expand social protection interventions, such as the Hunger Safety Net programme, which help households build their assets, and draw on these to inform the design of a comprehensive national social protection policy. , Develop and support financial services and products appropriate to the needs of the region, including insurance schemes for both people and livestock to buffer production against risk. . Develop and support income-generating activities that strengthen women's socio-economic Position. . Develop and strengthen producer and marketlng organisations, including cooperatives, in sectors such as agriculture and livestock' . Encourage a culture of savings through the promotion of rural sACCos. . Use edulation to reduce the inequalities experienced by certain social groups, including women & girls, hunter-gatherers and minority clans' . Increase the number of women in leadershlp, law enforcement and public service, and deploy more women to address issues that affect Women. . Mainstream interventions which address the specific situation of women and of poor or vulnerable groups within all policies and programmes' . Protect and promote the rights of people with disabilities and people with HIV/AIDS. 23 Final Version, 11 October 2012

Final Version, I I October 2012 6.2 The Government will PUt in Place an development of Northern KenYa and 6.3 6.4 CHAPTER SIX INSTITUTIONAL AND LEGAL FRAMEWORK 6.1 Development activities in Northern Kenya and other arid lands are currently poorly ptanneb and coordinated. Coordination is arguably even more critlcal in areas such as Northern Kenya where limited resources must be stretched across large distances with poor infrastructure, and where the consequences of poor coordination can be damaging to the environment and to social relations' institutional and legal framework for the other arid lands which harnesses the contributions of multiple actors at all levels and makes the most effective use of human and financial resources' In order to ensure coordinated and harmonised development of Northern Kenya and other arid lands, fhe Government witl set up ASAL Transformation Strucfures' These institutions will be at various levels: . An ASAL Cabinet Sub-committee, chaired by the President or Deputy President, which will provide high-level poliry direction and political support to ASAL development. . An ASAL Inter-Ministerial Committee, through which Principal Secretaries in key sector ministries will provide leadership across Government' . An ASAL Stakeholders' Forum, bringing together Government, uN agencies, development partners, NGOs and the private sector, in a forum modelled on the Kenya Food security Meeting (KFSM) structure. A series of thematic sub-groups ur" iik"ly to feed into this meeting, such as food security (KFSM/KFSSG), social services, and infrastructu re. . Rn nSAL Transformation Secretariat to provide technical and administrative suppoft to the transformation structures' The Government will: . Establish a range of institutions that will provide long-term continuity in ASAL Jevelopment, iicluding a National Drought Management Authority and National Drought and Disaster fontingency Fund to increase responsiveness to drought, a Natio-nal Council on Nomadic Education, a Northern Kenya Education Trust, a Livestock Marketing Board, and a Nofthern Kenya Investment Fund. . Establish appropriate forums at national, county and sub-county levels that bring [ey actors'together to plan, coordinate and harmonise development activities and resources towards a common goal. . Ring-fence all development resouices allocated for Northern Kenya and other arid lands. . Harmonise the execution of ministerial and devolved budgets, and locally generatedrevenue,againstasinglecountydevelopmentplan,whichisbasedon iommunity-identified iriorities and responds to available economic opportunitles' 21

Final Version, I 1 October 2012 Strengthen institutional capacity at all levels, particularly within county-level planning and coordination structures, in line with the new Constitution, in order io aOOress the significant capacity challenges likely to face devolved institutions in the arid lands. Draw up a comprehensive human resource policy and strategy for Northern Kenya Expand the number of research and training institutions that are responsive to the needs of the ASALS. strengthen the provision of public policy research and analysis from an ASAL perspective. 25

l''inal Version, t I October 201 2 7.L 7.2 CHAPTER SEVEN FINANCING Financing of development in Northern Kenya and other Arid Lands will come from a ,.ungu of-torrces, including Government, development partners' the private sector' and civil societY organisations. The Government will: . Demonstrate leadership in putting the foundations for development in place (including roads, energy, ICTi, water, education, health and security)' . Ensure that the equaiiation Fund and other measures in the new Constitution that aim to remove marginalisation in Kenya address the particular challenges facing Northern Kenya and other arid lands' . n,ng-"f.n." all development resources allocated to Northern Kenya and other Arid Lands. . Pursue public-private partnerships. . Encourage stronger harmonisation and alignment of finance from development partners against the objectives of this pollcy' . bevelop a package of -fiscal and other incentives that will attract private sector investment into Nofthern Kenya and other arid lands, particularly if investing In the region,s core resources, such as livestock, or its social and economic infrastructure, . Establish a Nofthern Kenya Investment Fund' . Develop appropriate mechanisms to manage the wealth from ASAL resources for the benefit of present and future generations' 26

ANNEXES 1. Summary of policy interuentions by objective 1, Stre then national int ratio uity 2. Im Infrastructure development rove the enablin environment for develo ent in Northern Ken a and other arid lands The Government will: . Build mutual understanding and respect between the people of Northern Kenya and other Kmyans throuqh a deliberate programme of education and social change' . Ensure that the Equalisation Fund and other measures in the new Constitution that aim to remove marginalisation in Kenya address the particular challenges facing Northern Kenya and other arid lands. . Develop a package of fiscal and other incentives that will attract private sector investment into Northern Kenya and other arid lands, particularly if investing in the region's core resourcet such as livestock, or lts social and economic infrastructure. . Ensure that all investment and economic development protects the environment, provides compensation where required, and delivers maximum benefits to communities in the region and to Kenya. This includes developing an investment framework and appropriate mechanisms that channel a fixed percentage of the proceeds fmm natural resourcet including oil and mineral resources, directy to local communities. The Government will: . Develop & maintain an integrated, safe & efficlent road, rail & air transport nehvork in the region, prioritising the devdopment of transport corridors linking Kenya to key markeE in Ethiopia, South Sudan and Somalia and beyond them to the Middle East, such as the Lamu Port-South Sudan- Ethiopia transPort corridor. . Invest in water harvestirE, water supply and irrigab'on infrasUucture. . Improve the water and sanitation infrastructure in lirE with a strategic assessment of the most appropriate locations and tech nolog ies. . Harness renewable energy such as wind and solar for the benefit of the nation. . Expand access to power and ICTS for the people of the region. . Draw up strategic development plans for urban areas that meet the housing, employment and service needs of urban populations, and provide sustainable economic oppoft unities ioi their surrounding rural areas, while also protecting the grazing and water rights of pastoralists. . Oevetop a cost-effective housing strategy for the ASALS that applies appropriate building technologies and b€st practices in human settlements in arid areas. . Ensure that infrastructure investments are climateproofed and appropriate to the particular circumstances of the region' . Take appropriate measures to enhance private sector participation in infrastructure development such as the provisibn of incentives in sectors such as housing, renewable intervention Pro I constraint Pol Pol sSSUe High level of regional inequality and under- development Legacy of historical marginalisatjon Entrenched attitudes undermine social cohesion Poor physical infrastructure, which deters investment and undermir€s production ener Uan and communication 21 Final Yersion, 11 October 2012 cohesion and

Final Version, I I October 2012 Pol issue Human capital Security & the rule of law 3. Develop alternative approaches to service delivery, governance and public administration in Northern Kenya and ral areas Social & cuttural factors undermine the education & health status of girls & women Specific situation of pastoralist youth is not reflected in current Government policies The Government will: . Recognise, through legislation, pastoralism as a legitimate form of productive land use and development on the same. basis as farming, and incorporate the value of dryland goods and services within national ecommic planning' . Reconcile the electoral system with the realities of arid and pastoral areas. . Lnsure that decentralised structures accommodate mobility and resource-sharirE across administrative boundaries and draw on the knowledge and experience of customary institutions. . Explore innovative ways of enhancing security & access to justice in arid and pastoral areas' . integrate the specific needs and circumstances of pastoralist yout-n, both women and men, within national youth policies ind strategies and develop youth-frlendly social services' In the education sector the Government will Introduce flo(ible education systems of high quality, which are responsive to the needs of the area and which reinforce traditional knowledge systems in pastora lsocieties. intervenUon Pro Policy constraint The Government will; . Develop & improve appropriate inftastructure for educatjon, training & health care at all levels, including tertiary' . Increaie the number of appropriately trained education, health & nutrition professionals and develop mechanisms to attract & retain hightalibre officers. . Introduce altirmative action programmes for people from Northern Kenya ard other arid lands, particulady women, to enter all public training institutions. . Target a percentage oi bursaries at students from Northern Ken-ya and other arid lands, partlcularly girls who wish to pursue tertiary and university education' . Radtett issues that disproportionately affect the education, health and nutritional status of girls and women' . Ensure that the Health, Agriculture, Livestock & Education sectors fully incorporate nutrition considerations in their programmes and Policies. Government will: Put in place comprehensive measures to end livestock raidirE & inter-communal viotence, including incentives for individuals, communities or institutions which deliver positive results for peace. Enhance the presence and capacity of the security and justice systems. Strengthen tradiuonal systems of governance and alternative dispute resolution mechanisms. Enact and lmplement the National Peace Building & Conflict Management Policy. Apply conflict-sensitive approaches to development' Eniure that all interventions in the region are planned and conducted in a manner that is sensitive to local values and priorities. Fut in place measures to minimise human-wildlife conflict' Develop a mechanism with neighbouring countries which ensures effective management of peace and security' The Gadequate education & health facilities Insufficient education & health personnel High levels of PovertY Persistence of livestock raiding & inter-communal violence Inadequate securitY lnfrastructure Limited presence of the formal judicial system Lack of a regional framework to manage cross-border conflict Promote the use of a riate ICTS and other techno res rn 28 Low population densitY and mobility make service delivery and the organisation of Government challenging

Final Version, I I October 2012 the ctimate resilience of com 4, Strengthen Drought management and climate change Land and natural resource management Livestock production and marketing Orougnt response is not timely or appropriate enough Effects of climate change will exacerbate existing challenges Low level of adaptive capacity Restrictions on livestock mobility munities in the ASALS and ensure sustainable livelihoods The Government will: . Establish the National Drouqht Management Authority & National Drought and Disaster Contingency Fund, and ersure timely activation of contingency plans to protect assets. . Gazette & manage emergency drought reserve areas and encourage the development of buffer areas of crop and forage production as part of contingency planning. . Mainstream climate foresight & climate adaptation into intervention constraint Poli tssue Pola service delivery. Revise the EdKation Act to incorporate alternative ways of providing education services to nomadic communities, such as distance and mobile education. Establish the National Council on Nomadic Education. Expand adult literacy services, particularly for women. In the health sector the Government will: . Introduce flo<ible health systems of high quality which are responsive to the needs of the area' . Promote the use of appropriate ICTS and other technologies in service delivery. . Adapt community-based health systems for remote and mobile populations, and integrate these with animal health systems where aPProPriate. . Introduce a health insurance scheme tailored to the needs of pa sto ra lisb. The Government will: . Reinforce the authority of traditional natural resource management systems that promote sound environmental practices. . Protect and promote indigenous knowledge & practice, promote environmental education and awareress, and intensify environmental conservation efforts. . Protect and irrcrease forest cover, riverine vegetation and critical water catchment areas in the ASALS, including special ecosystems such as Mts. Marsabit and Kulal' . Eradicate undesirable invasive species such as prosopis' . Promote low-maintenance water technologies, with an emphasis on water harvesting, which (given likely climate change impacts) can deal with both abundance & scarcity' . Ensuie that the interests of pastoralists, particularly pastoralist women, are adequately and appropriately.. ... addressed in neu, land legislation and institutions, in line with the National Land PolicY. Increasing pressure on natural resource management systems from competirg forms of land use, droughts, and the proliferation of setuements. Increase in unsustainable land use practices. Alienation of pastoral lands. The Government will: . Reform veterinary legislation to allow Community-Based Animal Health Workers to treat livestock under supervision & certification by the Kenya Veterinary Board. . Develop more pragmatic measures governing veterinary quarantine and livestock movements, including night movement Under-resourced Iivestock health systems Lack of a legal framework for community-based animal health workers 29 nolicv planning at all levds. . Systematically strengthen the strategies used by communities to adapt to dimate variability and to reduce and manage the risks from natural disasters' . Explore opportunities and develop appropriate mechanisms through which communities can benefit from biotarbon initiatives.

Final Version, I I October 2012 Pol rssue Livelihood diversification Population growth increases pressure on the natural resource base Limited value addition within the livestock sector Hlgh incidence of povertY Significant intra-regional inequalities with resPect to the rights of women and girls, lower castes & minority clans High levels of stigma against those with disabilities and those with HIV/AIDS Poverty & I inequality The Government will: . Expand social protection interventions, such as the Hunger Saiety Net Programme, which help households build their assets, and driw on these to inform the design of a comprehensive national social protection policy' . Develop & support financial services and prodKts appropriate to the needs oi the region, including insurance schemes for both people and livestock to buffa production against risk' . Deveiop and suppoft income-generating activities that strengthen women's socio-economic position' . Develop and strengthen producer and marketing organisations, including cooperatives, in sectors such as agriculture and livestock intervention Pro constraint Policy partneBhips with the private sector and community associations. Facilitate the establishment of strategic business partnerships behveen communities and local authorities, based on public- private partnershiP models. bevelop policy which facilitates & recognises the contribution of cross-border trade and facilitates the cross-border movement of livestock for food security. Establish the Kenya Livestock Marketing Board' Establish mechanisms to extend affordable finance to livestock producers & traders, particularly women. Lnsure that livestock-based food products enter the national food reserves. Strengthen research and extension systems which are relevJnt to the livelihoods of ASAL livestock-keepers, including women. Introduce livestock insurance schemes, particularly for pastoralist communities. Strengthen disease control and Rehabilitate livestock marketing surveillance. infrastructure through Infrastructural & fi nancial constraints on I ivestock traders The Government will: . Strengthen research and extension systems relevant to. rain- fed crop production, including soil and water conservation, organic farming and agro-forestry. . Promote water harvesting to ensure food security in collaboration with Regional Development Authorities' . Increase access to the skills and technologies needed for irrigated agriculture, particularly when community-managed' . Pro?note improved practices in post-harvest storage and management. . Strengthen market linkages between lowland and highland economies. . Establish mechanisms to extend afficrdable finance to smallholder farmers, particularly women. Chronic food insecurity Insufficient access for smallholder farmers to appropriate credit, technology and extension services Govemment will: Support livdihood diversification strategies which add value wi[nin tne livestock sector & completnent livestock production' Facilitate the production and marketjng of dryland products' Increase the benefits to communities from tourism through the development of community-owned eco-tourism enterprises or conservancies and the promotion of responsible tourism. Promote formal & informal job creation, self-employment & entrepreneurship relevant to the needs of both women and men. The Encouraqe s thro h the tion of rural 30 Dryland farming High dependence on livestock a culture of

Final Version, 1l October 2012 SACCOS. Use educauon to reduce the inequalites experienced by certain social groups, including women & girls, hunter gatherers and minority clans. increase the number of women in leadership, law enforcement and public service, and deploy more women to address issues that affect women. Mainstream interventions which address the specific situation of women and of poor or vulnerable groups within all policies and programmes. Protect ind promote the rights of people with disabilities and people with HIV/AIDS. 3l Policv issue Policy constraint

Final Yersion, 1t October 2012 2 Summary of policy interventions by sector Agriculture Strengthen research and extension production, including soil and wate systems reler'ant to rain-fed croP r conservation, organic farming and agro- Develop & imProve aPpropriate infrastructure for education and training at all Energy Expand access to Power an Harness renewable energY Environment & natural resources Ensure that all investment and economic development Protects the environment, provides compensation where required, and delivers maximum benefits to communities in the region and to Kenya. This includes developing an investment framework and approp nate mechanisms that channel a fixed percentage of the proceeds from natural resources, including oil and mineral forestry. Promoie water harvesting to ensure food security in collaboration with Regional Development Authorities. i^i'r.ir" access'to the skills and technologies needed for irrigated agriculture, particularly when community-managed. Fromote improued practices in post-harvest storage and management' Curett" A manage emergency drought reserve areas and encourage the devdoprnent of -buffer areas of crop and forage production as part of contingency Planning. Strengihen'market linkages between lowland and highland economies' Facili6te the production and marketing of dryland products' o"u"fop a.ripott financial services and products appropriate to the needs of ihe region, inciuding insurance schemes to buffer production against risk' iriantLn mechanisris to extend affordable finance to smallholder farmers' particularly women' bevelop & strengthen producer and marketing organisations, including cooperatives, in iectors such as agriculture and [vestock' insli" tt at ine Health, Agriculturi, Livestock & Education sectors fully incorporate nutrition considerations in their progrttmmes and policies' levelE induding tertiary. Increise the nJmber of appropriately trained education professionals and devdop mechanisms to attract & retain high-calibre officers' . Introduce affirmative action programmes for people from Northern Kenya and other arid lands, particularly women, to enter all public training institutions' iurgJ u p"r."niige of bursaries at students ftom Northern Kenya and other arid-lands, particulady gids who wish to pursue tertiary and university education. Introduce flexible education systems of high quality, which are responsive to iire needs of the area and which reinforce Uaditional knowledge systems in pastoral societies hromote the use of appropriate ICTs and other technologies in service delivery. Revise ihe Education Act to incorporate alternative ways of providing eJucation services to nomadic communities, such as distance and mobile education. Establish the National Council on Nomadic Education' Expand adult literacy services, particularly for women' naiiess issues tnat disproportionately affect the ducation status of girls and women. use education to reduce the inequalities experienced by certain social groups, including women & girls, hunter-gatherers and minority clans' rxpand ihe number-of research and training institutions that are responsive to the needs of the ASALS. insure that the Health, Agriculture, Livestock & Education sectors fully incorporate nutrition considerations in $leir programmes and policies' d ICTs for the PeoPle of the reqion. such as wind and solar for the benefit of the Poli Interventions Sector resources, directly to local communities 32 nation. Education

interventions P Sector Final Version. I I October 2012 Finance & investrnent Reinforce the authority of traditional natura I resource management systems that promote sound environmental practices. Gazette & manage emergency drought reserye areas and encourage the devdopment of buffer areas of crop and forage production as part of contingency Planning. Protect and promote indigenous knowledge & practice, promote environmental education & awareness, and intensiry environmenlal conservation efforts. Protect and increase forest cover, riverine vegetation and crittcal water catchment areas in the ASALs, including special ecosystems such as Mts' Marsabit and Kulal. Eradicate undesirable invasive species such as prosopis. Put in place measures to minimise human-wildlife conflict. Exptore opportunities and develop appropriate mechanisms through which communities can benefit from bio-carbon initiatives. Demonstrate leadership in putting the foundations for development in place Ensure that the Equlisation Fund and other measures in the new Constitution that aim to remove marginalisation in Kenya address the particular challenges facing Northern Kenya and other arid lands. Ring-fence all development resources allocated for Northern Kenya and other arid lands. Pursue public-private partnerships. Encourage stronger harmonisation and alignment of finance from devdopment partners against the objectives of this policy. Establish a Northern Kenya Investment Fund. Develop appropriate mechanisms to manage the wealth from ASAL resources for the benefit of present and future generations. Recognise, thror.€h legislation, pastoralism as a legitimate form of productive land use and development on the same basis as farming, and incorporate the value of dryland goods and services within national economic planning. Develop a package of fiscal and other incentjves that will attract private sector investment into Northern Kenya and other arid lands, particularly if investing in the region's core resources, such as livestock, or its social and economic infrastructure. Take appropriate measures to enhance private sector participation in infrastructure develoPment. such as the provision of incentives in sectors such as housing, renewable energy, transport, and communication. Ensure that infrastructure investments are climate'proofed and appropriate to the particular circumstances of the region' Faciiitate the establishment of strategic business partnerships between communitjes and local authorities, based on public-private partnership models. Ensure that all investrnent and economic development protects the environment, provides compersation where required, and delivers maximum benefits to communities in the region and to Kenya. This includes developing an investment framework and appropriate mechanisms that channel a fixed percentage of the proceeds from natural resources, including oil and mineral resources, directly to local communities. Develop and support financial services and products ap'propriate to the needs of the iegion, including insurance schemes for both people and livestock to buffer production against risk. Encourage a culture of savings through the promotion of rural SACCOS' Explore 6pportunities and develop appropriate me.hanisms through which communities can benefit from bio-carbon initiatlves. Develop and support income-generating activities that strengthen women's socio-economic position. Increase the number of women in leadership, law enforcement and public service, and deploy more women to address issues that affect women' Mainstieam interventions which address the specific situation of women and Gender of r or vulnerable within all licies and rammes ,-t

interventions Pol Sector CA H Final Version, I I October 2012 ICT Justice Use education to reduce the inequ Draw up strategic development plans employment & service needs of urban economic opportunities for their surro alities experienc ed by certain social grouPs, for urban areas that meet the housing, populations, and provide sustainable unding rural areas, while also protecting h including women & girls, hunter-gatherers and minority clans' iaiget a-percentagiof 6ursariesit students ftom Northern Kenya and other arid-lands, particuiarly girls who wish to pursue tertiary and university education. Address issues that disproportjonately affect the education, health and nutritional status of girls and women. Expand adult literacy services, particularly for women' Ensure that the interests of pastoralists, particularly pastoralist women, are adequately and appropriately addressed in new land legislation and institutions, in line witr the National Land Policy. Establish mechanisms to extend affordade finance to smallholder farmers, livestock producers & traders, particularly women' Promote iormal & informal job creation, self-employment & entrepreneurship reler'ant to the needs of women. Develop & improve approprnte inftastructure for health care at all levels, including tertiary. Increase the number of appropriately trained health and nutrition professionals and develop mechanisms to attract & retain high-calibre officers introduce affirmative action programmes for people from Nofthern Kenya and other arid lands, particularly women, to enter all public training institutions' Improve the water & sanitation infrastructure in line with a strategic assessment of the most appropriate locations & technologies' Introduce fla\ible heafth systems of high quality which are responsive to the needs of the area. Promote the use of appropriate ICTS and other technologies in service delivery. Adapt community-based health s)Etems for remote and mobile populations, and integrate these with animal health systems where appropriate' Address i'ssues that disproportionately affect the health and nutritional status of girls and women. Eniure that Health, Agriculture, Livestock and Education sectors fully incorporate nutrition considerations in their programmes and policies. Introduce a health insurance scheme tailored to the needs of pastoralists' Protect and promote the rights of pmple with disabilities and people with HIV/AIDS. ng the grazing and water righE of pastoralists' Devilop a iost-effective housing strategy for the ASALS that applies appropriate building technologies and best practices in human seftlements in arid areas. Expand access to power and ICTS for the peo Promote the use of ICTs and other technologi Enhance the presence and capacity of the securify and jusbce systems' Strengthen traditional systems of governance and alternative dispute resolution mechanisms. Explore innovative ways of enhancing security & access to justice in arid and pastoral areas. build mutual understanding and respect between the people of Northern Kenya and other Kenyans through a deliberate programme of education and social change. Reconcile tie electoral system with the realities of arid and pastoral areas' ple of the region. es in service delivery Ensure that the interests of pastorElists, particularly pastoralist women, are adequately and appropriately addressed in new land legislation and Land institution in line with the NationaI Land Poli 3+ Housi

intervenUons Sector Final Version, l1 October 2012 Livestock Recognise, through legislation, Pastoral ism as a legitlmate form of productive land use and development on the same basis as farming, and incorporate the value of dryland goods and services within national economic Planning Reform veterinary legislation to allow Community-Based Animal Health Workers to treat livestock under supervisi on & certification bY the KenYa Veterinary Board. Develop more pragmatic measures governing veterinary quarantine and livestock movements, including night movement' Strengthen disease conuol and surveillance' neha6ilitate livestock marketing infrastructure through partnerships with the private sector and community associations. beu"iop poficy *i'ich facilitates & recognises the contribution-of cross-border trade anj facilitates the cross-border movement of livestock for food security Establish the Kenya Livestock Marketing 8oard. Facilitate the estiblishment of strategic business partnerships between communitles and local authorities, based on public-private partnership models. Ensure that livestock-based food products enter the national food reserves' Support livdihood diversificabon strategies which add value within the livestock sector & complement livestock production. Gazette & manage emergency drought reserve areas and encourage the J"rdopr"nt of -uuffer arias of croP and forage production as part of contingerry planning. iit"ur',-rr' mectunismis to extend affordaue finance to livestock producers & traders, particularly women' Strengthen researih and extension systems which are relevant to the livelihoods of ASAL livestock-keepers, including women' Introduce livestock insurarre schemes, particularly for pastoralist communities. Develop & strengthen producer and marketing organisations, including cooperatives, in lectors such as agriculture and livestock' Ensure that ihe Health, Agriculture, Livestock & Education sectors fully incorporate nutrition considerations in their progEmmes and policies' ng ann P Establish a range of institutions that will provide long-term continuitY in ASAL devdopm ent, inch.rdirE a National Drought l''lanagement AuthoritY & National Drought and Disaster Contingency Fund to irrrea se responsiveness to drought a National Council on Nomadic Education, a NorttErn Kenya Education Trust, a Livestock Marketing Board, and a Northern Kenya Invesunent Fund. Ensure timely activation of drought contingency plans to protect assets' Recognlse, through legislation, fastoralism as a legitimate form of productive land ise and devlopment on the same basis m farming, and incorporate the value of dryland goods and services within national economic planning' fitaUfisn upproptLte forums at national, county and sub-county levels that brirg key actors together to plan, coordinate and harmonise development activities and resources towards a common goal' iiimonite the execution of ministerial and derolved budgets, and locally g"n"ritul revenue, against a single county development. plan, which is based 6n community-identified priorities and responds to available economic opportunities. i[i*gth"; intttrtional capacity at all levels, particularly within county-level ptanning anO coordination structures, in line with the new Co-nstitution' in [rJer to- aOOress the significant capacity challenges likely to face devolved institutions in the arid lands. oru* ,p u ao.prehensive human resource policy and strategy for Nofthern Kenya. Strengthen the provision of public policy research & analysis from an ASAL perspective. Ensure that devolved structures accommodate mobility and resource-sharing icross administrative boundaries and draw on the knorledge and experience of custom Mainstrea ary institutions m climate foresiqht & into at all levels. 35

Final Version. I I October 2012 Security Social protection Tourism Trade Transport infrastructure Systematically strengthen the strategies climate variability and to reduce and ma Ensure that infrastructure investments a the particular circumstances of the region Put in place comprehensive measures to communal violence, including incentives Expand social protection interventlons, such as Programme, which help households build their inform the design of a comprehensive national Develop & maintain an integrated, safe & network in the region, prioritising the dev linking Kenya to key markets in Ethiopia, beyond them to the lvliddle East, such as transport corridor used by communities to adapt to nage the risks from natural disasters. re climate proofed and appropriate to end livestock raiding & inter- for individuals, communities or the Hunger Safety Net assets, and draw on these to social protection Policy. will attract Private sector particularly if investing efficient road, rail & air transport elopment of transport corridors South Sudan and Somalia and the Lamu Port-South Sudan-Ethiopia institutions which deliver positive results for peace. Develop a mechanism with neighbouring countries which ensures effective management of peace and security' Enhante the presence and capacity of the security and jusbce systems' Strengthen traditional systems of governance and alternative dispute resolution mechanisms. Put in place measures to minimise human-wildlife conflict' Enact and implement the National Peace Building & Conflict Management Policy. Apply confl ict-sensitive approaches to development. Ensure that all interventions in the region are planned and conducted in a manner that is sensitive to local values and priorities. Explore innovative ways of enhancing security & access to justice' Increase the benefits to communities from tourism throug h the development of community-owned eco-tourism enterprises or conservancies and the promotion of responsible tourism. Develop a package of fiscal and other incentives that investment into Northern Kenya and other arid lands, in the region's core resources, such as livestock, or its social and economic infrastructure. Develop policy which facilitates & recognises the contribution of cross-border trade and facilitates the cross-border movement of livestock for food security Develop more pragmatic measures governing veterinary quarantine and livestock movements, irrluding night movement' Rehabilitate livestock marketing infrastructure through partnerships with the private sector and community associations. Establish the Kenya Livestock Marketing Board. Establish mechanisms to extend affordable finance to livestock producers & traders, particularly women. Facilitate the estaUishment of strategic business partnerships between communities and local authorities, based on public-private partnership models. Strengthen market linkages between lowland and highland economies' Facilitate the production and marketing of dryland products. Promote formal & informal job creation, self-employment & entrepreneurship reler'ant to the needs of women, youth and men. interventiorrs Sector Water and irrigation Improve the water & sanitation infrastructure in assessment of the most appropriate locations & line with a strategic technologies. Invest in water harvestirE, water supply & irrigation infrastructure' Increase access to the skilis & technologies needed for inigated agriculture, particularly when communitY-ma Promote low-maintenance water naged. technol tes with an em hasis on water 36

Final Version, I I October 2012 abundance & scarcltY ) can deal with both harvesting, which (9iven likely climate change imPacts youth-friendlY social services. irromot. forn,,af & informal job creation, self-employment & entrepreneurship reler'ant to the needs of Youth. pastoralist Youth, both strategies and develoP of ci nd umstances rc a needs lar rticu the pa ntegrate and uth ici e5 national within nd a yo po women men, Youth 37 Sector

ANNEX 6 The Collective Bargaining Agreement between the Teachers Service Commission, the KNUT, KUPPET and KUSNET

CO_LIEC,TIV.EJ-ABIAININGJGBEE_M_ETI-T BE'IIT(ETN THE TEACHERs SERVICE COMMIsSION AND u, :E tlJ4 IG€ UT (r! ]{Y For TSC I T I tl( For KNUT.i,, Page i IHE-K@LTfACXEE'(XNUI.) I d / 7I u \ F \ .a .' o D \......

Contents ACCRONYMS PREAM8LE... 7.1 iv 1 2 5 5 5 5 5 5 6 6 7 7 7 7 7 7 7 7 7 8 2. 3. 4. 5 6 7 DEFINITIONS AND INTERPRETATIONS OB,, ECTIVE AN D PURPOSE. EFFECTIVE DATE AND DURATION....'' CODE OF RE6ULATIONS & CODE OF CONDUCT AND ETHICS FOR TEACHERS PROBATION PER|OD........... OELIGATIONS OF TH E PARTIE5.....".... 6.1 ObligationsoftheEmployer..........""""""" 6.2 obligations of the Union.... REMUNERAT|ON...................... Basic SalarY.... 7.2 CommuterAllowance..'.......... 7.) DisabilityGuideAllowance.'........."""""' 7.4 LeaveAllowance..'................. LeaveallowanceshallbepayableasperAppendix4toallmembersonceperannum 7.5 House Allowance '...'........... '.... 7.6 HardshipAIlowance................ 7.7 MedicalBenefit'.....'..'... 8 ReimbursableAllowances 8.i Transfer allowance.. '....... '.. '... 8.2 TravellingexPense. 9 PROMOT|ONS.......'........- 1o TRANSFERS.... 11 LEAVES.... 12 PUBLICHOLlDAYs....... 13 PERFORMANCE MANAGEMENT AND EVALUATION 14 CAREER PROGRESSION 15 Dl5clPLlNE..... 16 EXIT FROM THETEACHING SERV|CE"""" " 17 CERTIFICATE OF SERV|CE..... r8 WORK INJURY BENEF|TS.. ..... 19 GRIEVANCE HANDLIN6 PROCEDURE. 20 lNDUSTR|ALACT|ON..........."' 21 NON-DlSCRlMlNATlON..'...'...' 22. SEXUAL HARASSMENT 2) REVIEW OF RECOGNITION AGREEMENTS ' 24 AMENDMENT/VARIATION 25 6OVERNING LAWAND JURISDICTION 26 CoS .8 .9 .9 10 10 \L 11 11 11 11 12 72 72 12 13 13 13 13 For TSC .J |,\' For KNUT Page ii t.

............. 15 APPENDICES APPENDIX 1: BASIC SALARY... APPENDIX 2: COMMUTER ALLOWANCE"" " " APPENDIX l: DISABILITY GUIDE ALLOWANCE APPENDlX 4: LEAVE ALLOWANCE.'....."" """" APPENDIX 5: HOUSE ALLOWANCE APPENDIX 6: HARDSHIP ALLOWANCE 15 15 16 .....15 .....!7 77 For TSC 3.s\ For Page iii +)r KNUN I

ACCRONYMS ASAL CBA cocE CORT CSO EARC FKE tLo KNUT SRC T5C Arid and Semi -Arid Lands Collective Bargaining Agreement Code of Conduct and Ethics for Teachers Code of Regulations for Teachers Curriculum SuPPort Officer Education Assessment Resource Centers Federation of KenYa EmPloYers I nternational Labour Organization Kenya National Union of Teachers Salaries and Remuneration Commission Teachers Service Commission For TSC .... /)..)-' For KNUT Page iv \i i

t'i# THIS AGREEMENT is made on the.' BETWEEN The TEACHERS SERVICE COMMlssloN, a constitutional commission established under Article 237 (r) ofthe constitution of Kenya (hereinafter referred to as "the Employer") of Post office Box Private Bag - oo1oo, Nairobi, in the Republic of Kenya of the one part; AND THE KENYA NATIoNAL UNION OF TEACHERS, a trade union registered under section t9 of the Labour Relations Act (hereinafter referred to as "the Union") of Post office Box 3o4o7 - ootoo, Nairobi in the Republic of Kenya, of the other part' PREAMBLE a. The parties to this Agreement meeting together freely and voluntarily have determined to regulate industrial relations between them in the interest of mutual understanding andco.operationbysigningthisAgreementonthetermsandConditionsof employment of teachers in the public service' b.Regulations,policies,proceduresandpracticesoftheEmployerineffectonthe effective date of this Agreement dealing with matters of terms and conditions of employment,publishedbytheEmployershallremaininforceandtheEmployer reseryes the right to make, adopt and implement other policies, rules and regulations and procedures not in conflict with the law and this Agreement' c. The parties agree to mutually recognize, declare and reaffirm their common commitment to maintain a collaborative relationship aimed at realizing quality teaching service in an environment of continuous improvement of terms and conditions of service for teachers' d.TowardsmeetingtheneedsofaprogressiveandcomPetentteachingservice,the parties herein express a mutual obligation and responsibility to promote quality teaching and to protect the best interest of the learners on whose behalf the parties hereto have been called to serve' ./.........{.,, For 5 ro, r3.tUr,.t,.i,,!.. ;,;;..1i ;.Lr.. Page I Day of ......... lt.!... ...... ....... .2021. I

e The Employer and the union wish to declare their mutual intent to work towards the achievement of common aims as follows: i.Advancementofqualityteachingandstandardsthroughperformance contracting and aPPraisal' The development of a system of communication and consultation designed for harmonious industrial retations between the parties' a monetary compensation paid to a member in addition to the basic WflEBEAS! a "Allowance" means salarY; The commission is the sole employer of all teachers in the public service in the Republic of KenYa; and b The union is duly recognized by the employer in accordance with the law; and Article4r(5)oftheConstitutionofKenyaandSection54oftheLabourRelationsAct gives parties the right to enter into this Agreement; and d. The parties are desirous to establish harmonious industrial relations through agreed upon terms and conditions of service' NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties do hereby covenant as follows: - DEFINITIONS AND INTERPRETATIONS ,.Agent,,meansanypersonorbodyappointedbytheCommissioninaccordancewithsection zo of the Teachers Service Commission Act; c For TSC For KN*1) ! t.t, (- Page 2 protection of the best interest of learners for whom they are individually, severally and collectively held in trust' 1.*'

,.Basicsalary,,meanstheamountofmoneypaidtoamemberonamonthlybasisand excludes the allowances; "Bipartite" means an engagement between TSC and KNUT; "Court" means Employment and Labour Relations Court of Kenya' "Commlssion" means the Teachers Service Commission ,,Dismissal,, means the decision by the commission to terminate the services of a member pursuant to due process under the CORT; ttFamily" means teacher'teacher marriage; .rGrievance,, means an industrial complaint that affects the terms and conditions of employment which has not been escalated to a trade dispute; ,,Head of institution,' means the lead educator or administrator in a public educational institution appointed by the commission as such and responsible for the implementation of the educational curriculum, policy and professional practices; "lndustrial action" means a strike or lockout; ,,performance appraisal system" means a Process of evaluation of a member's performance over a period of time based on agreed performance standards; ,,Redundancy,, means the loss of employment, occupation, iob or career by involuntary means through no fault of an employee, involving termination of employment at the initiative of the employer, where the services of an employee are superfluous and the practices commonlyknownasabolitionofoffice,joboroccupationandlossofemployment; For KNLJ-[\\l I i.,1,. For TSC 6 'rr' i.i.... Page 3

,,Release,, means allowing a teacher who has been offered employment by public institution' teachers unions, county government and public educational institution to leave the teaching servicetotakeuptheappointment,withoutlossofpensionbenefits; ,rMember,, shall mean a person trained and registered as a teacher as provided for in law and has subscribed to the union. "Union" means the Kenya National Union of Teachers' For TSC .... For Page 4

2 OBJECTIVE AND PURPOSE. 2.1 The Primary obiective of of CORT this Agreement is to ensure that both parties work harmoniously in negotiating the terms and conditions of service for members aimed at improving the teaching standards and performance of teachers in public service' 2.2 This Agreement is intended to facilitate structured and constructive social dialogue between parties for the purpose of maintaining industrial peace and harmony in the ]. EFFECTIVE DATE AND DURATION 3.r The term of this Agreement shall commence on 1st JULY' 2021 JULY, 2o2t to 3oth June zoz5 3.]NotwithstandingClause3.zhereinabove,thisAgreementshallremaininforceand bind upon parties until and un|ess by mutual consent of both parties, it is either reviewed or rePealed bY a new one' 4. CODE OF REGULATIONS & CODE OF CONDUCT AND ETHICS FOR TEACHERS The code of Regulations for Teachers and code of conduct and Ethics for Teachers shall form an integral part of this Agreement' 5 PROBATION PERIOD parties hereby agree that they shall be guided by the probation terms under Regulation 6t 6 OBLIGATIONS OF THE PARTIES 6.1 obligations of the EmPloYer 6.r.r To ensure expeditious settlement of reported industrial grievances and strictly observethegrievancehandlingmechanismrecommendedinthisAgreement and the law. To implement this Agreement once registered in Court 6.1.2 6.1.3 To expeditiouslY imPlement biPartite settlements, agreement and decisions' *. *L,ri) For TSC t $. i,;;.... Page 5 education sector. 3.zThisAgreementshallremaininforceforaperiodoffour(4)yearswitheffectfromt't ,..1..,,,;..... :l \

6j.4 To avoid engaging in any activities or programmes contrary to this Agreement 6.2 obligations of the Union 6.2.t To discourage any breach of the peace or cause of civil unrest by union members that may disrupt learning and erode dignity of the profession' 6.2.2 To ensure that the union's represe ntatives/officials do not engage or cause theirmemberstoengageinanyunionactivitiesinthecourseoftheirofficial duties that may disrupt learning and duties of its members; 6,2,3Toensurethattheunionanditsrepresentatives/officialsobtainpermissionof the Commission in the event of activities that may disrupt learning, school ProgrammesandactivitiesinlinewithprevailingpoliciesoftheCommission' 6.2.4 Not to engage in any activities or Programmes Agreement; 6.2,5 To ensure that the union's collective grievances are reported andior communicated by its Secretary General directly to the Commission Secretary for remedial action; 6.2.6 members from: - a) Causing damage to institutional property during industrial action b) lntimidating their colleagues who are not participating in industrial action. c) Denying employer's officers/agents access to lnstitutions of learning during industrial action' d) Using abusive/inappropriate language towards learners' their colleagues, employer or its officers/agents and other members of the societY. REMUNERATION parties hereby agree that remuneration payable to members shall be directly negotiated byboththeemployerandtheunioninstrictadherencetotheprovisionsofArticles4t, which contravene this 7 t\ I For TSC 5.+', For KNUT Page 6 To encourage professionalism in the teaching service by discouraging its

2)1, and 4o(4) of the Constitution of Kenya' Accordingly, parties hereby agree to the following monetarY benefits: - 7.1 Basic Salary 7.1.1 Basic salary shall be paid as per Appendix t' 7.1.2Parties mutually agree that the employer shall continue to Pay annual increments to members to compensate them for annual inflation' 7.2 Commuter Allowance The Commuter Allowance shall be paid as per Appendix z' 7.3 Disability 6uide Allowance Disability Guide Allowance shalt be payable at the rate of Kenya Shillings Twenty Thousand (zo,ooo) per Month as per Appendix 3 to members who are blind, deaf and those confined to wheelchairs by virtue of their disability' ?.4 Leave Allowance Leave allowance shall be payable as per Appendix 4 to all members once Per annum 7.5 House Allowance House Allowance shall be payable as per Appendix 5 to members' 7.6 HardshiP Allowance Hardship Allowance shall be payable as per APPendix 6 to members assigned duties in designated hardshiP areas 7.7 Medical Benefit Medical benefit shall be drawn as per Part lX of the Code of Regulations for Teachers 8 Reimbursable Allowances The Parties agree to the payment of the following facilitative allowances to members: - 8,1 Transfer allowance Transfer Allowance shall be payable at a rate of one month's Basic salary as per Regulation 97 of the CORT' For TSC 4 s}.' For KNt.lT,\ .!,.r.... Page ?

8.2 Travelling exPense. Reimbursement of travelling expenses shall be paid as per Regulations 98, 99, 1oo, 1ol, 1o2 and to3 of the CORT. 9 PRoMoTIONS g.r Parties agree that promotion of members shall be in accordance to career Progression Guidelines in force. g.2 To standardize the terms and conditions of service and align the grading structure with the Job Evaluation results of zor6, parties hereby mutually agree to replace the SchemesofServiceforTeachersandtoformallyadopttheprovisionsoftheCareer progression 6uidelines as Per the employer's Circular No.7 of zot8 dated znd May 2018 at Appendix-7. 9.J Further, the employer shall endeavor to Promote members serving in ASAL and hard to staff areas holding administrative positions progressively until they attain grades that are commensurate to their respective positions. Meanwhile, they shall be retained in their current stations/areas until attainment of the substantive grades' g.4 For purposes of clause 9.3 above, ASAL and hard to staff areas shall include: a)BaringoNorth,TiatyEast,TiatyWestandMarigatsub.countiesinBaringo b) c) d) e) 0 s) h) i) County. Garissa CountY Suba and Mbita sub-counties in Homa Bay County lsiolo CountY Mashuuru, Loitoktok and Kajiado West sub-counties in Kaiiado County Kwale CountY Magarini and Ganze in Kilifi County Lamu CountY Mandera CountY 5 For TSC For KNUT ii ilr Page 8 ........../............. i. t (' .\l

j) Marsabit county k) Mumoni, Mutito North and Tseikuru Sub-Counties in Kitui County l) Narok South and Narok North sub-counties in Narok County m) Samburu County n) Taita Taveta CountY o) Tana River CountY p) Turkana CountY q) Waiir CountY r) West Pokot CountY ro TRANSFERS io.1 The parties agree that transfer of members shall be done in line with Part V of the Code of Regulation for teachers 1o.2 Further, in promotion of family values provided for under Article 45 of the constitution of Kenya, the commission shall consider transfer requests for married couples to appropriate stations/ locations subiect to: 10.2.1 10.2.2 10.2.3 10.2.4 1o.2.5 Availability of vacancies in the proposed station; The need for a suitable replacement; Need for equitable distribution and optimal utilization of teachers; Existing staffing norms; and Proof of marriage. ,{.{' ri LEAVES 11.2 11.1 The parties agree that members shall take leaves as provided under Part X of the code of Regulations for Teachers. Notwithstanding clause 11.1 herein above, a female member shall be entitled to maternity leave of one hundred and twenty (rzo) calendar davs with full salary pay with effect from the date of deliverY. For TSC For KNUT i^.;rF\t) Page 9

11.3 The commission shall grant members a pre-adoptive leave of ft'ltyllvc-(lt5)--cdendar days with full salary pay from the date of adoption' rU PUBLIC HOLIDAYS The commission shall observe public holidays as stipulated in the constitution, national legislation or any other holiday as may be gazetted by the Government' 1] PERFORMANCE MANAGEMENT AND EVALUATION 13.1 ln recognition of the fundamental shift in policy in public service and with a view to Promote, enhance and maintain high performance standards in the teaching service, partiesherebyagreethattheCommissionshallimplementcontinuousTeacher professional Development Programmes and Performance Evaluation system' ,ry.2 ro this end, in compliance with Regulation 48 (r) of the CoRT, parties reiterate that every member shall undertake the Professional Teacher Development programmes prescribed by the Commission from time to time' r3.3 Further in compliance with Regulation 49 (r) of the CoRT, parties reiterate that every member who successfully completes a professional teacher development Programme as provided in clause t3.z above shall be issued with a teaching certificate by the Commission as evidence of compliance' l3.4PartiesagreethattheCommissionshallundertakeperformanceevaluationofall members as per the Code of Regulations for Teachers' \\ For TSC 4 .^' For KNUT Page l0 rr.4 The Commission shall grant male members Paternity leave of l-Urentyln-e-(zjlc-a-Lendlr .daJ: with full salary Pay once a year' l3.5TheCommissionundertakestocomplywithPartlVoftheCodeofRegulationsfor TeachersindevelopingandfacilitatingcareerdevelopmentProgramswithaviewto enhance productivity among members' z t-,,i'l

r4 CAREER PROGRESSION parties agree that career progression shall be based on the career Progression r5 DISCIPLINE The parties have agreed that the Discipline of members shall be undertaken as provided under Part Xl of the Code of Regulations for Teachers and Code of Conduct and Ethics for Teachers. r6 EXIT FROM THE TEACHING SERVICE t6.tAmembermayexitservicethroughanyofthefollowingmeans:- t6.t.t Resignation 16.1.2 Retirement t6.t.3 RedundancY 16.1.4 Termination 16.1.5 Dismissal 16.1.6 Transfer of service 16.1.7 Release to other organizations t6.t.8 Death r6.z The parties have agreed that the exit from service by members shall be undertaken as provided under Part Xll of the Code of Regulation for Teachers' 17 CERTIFICATE OF SERVICE The commission shall in accordance with the Employment Act issue a certificate of service to a member exiting the service of the Commission' rB WORK INJURY BENEFITS A member who is iniured or dies while and in the course of employment will be compensated as per the Provisions of the Work lniury Benefits Act' For TSC .^' For KNUT t,,, (':r i i t', Page 11 Guidelines in force.

I9 6RIEVANCE I-IANDLINC PROCEDURE. 19.1 parties agree that at all times attempts will be made to resolve all their grievances in an amicable manner with a view to achieving sustainable industrial Peace in the teaching sector. 1g.2 Accordingly, parties agree to exhaust all the Alternative Dispute Resolution mechanisms provided under the Labour Relations Act and any other relevant law before resorting to any form of industrial action' 19.J ln case Alternative Dispute Resolution fails, either party shall be at liberty to refer the grievance to the Cabinet Secretary for Labour as provided under the Labour Relations Act ro INDUSTRIAL ACTION 20.1 ln the event of an industrial action, Parties shall adhere to Part Vlll and Part X ofthe Labour Relations Act 2o.2 With a view to maintain the nobility of the teaching Profession, parties agree that in the event of an industrial action, they shall conduct themselves with dignity, civility and decorum, protect the ProPerty of the school and safeguard the safety of learners directly or indirectly through their respective officers, representatives and/or members 21 NON.DISCRIMINATION Parties to this Agreement shall be bound by the provisions under regulation 16 of the Code of Regulation for teachers on Non-Discrimination' ).) SEXUAL HARASSMENT Parties shall be guided by the sexual Harassment clauses in the commission's Gender policy revised in zorr and regulation z3 ofthe code of conduct and Ethics forTeachers' i'i.' For TSC r{: !! ,+ For KNUT Page 12

r] REVIEW OF RECOCNITION AGREEMENTS 23.1 Taking into consideration the new constitutional and statutory framework in the labour sector and the provisions of ILO Convention 98 on the right to organize and collectively bargain, parties hereby mutually agree: 21..1.1 To jointly review their Recognition Agreement to align it with the obtaining constitutional, institutional and legal framework in the teaching service. 23.1.2 That the review of the Recognition Agreement will enable the union to have a defined constituency protected by law. 21.1.1 That parties will engage in structured negotiations for specific and defined constituency of the Union as required by law' 23.r.4 That the reviewed recognition agreement shall form part and parcel of this Agreement and shall be registered in the Employment and Labour Relations Court as an addendum to this Agreement. r4 AMENDM ENT/VARIATION 24.1 ln the event that any provisions of this Agreement are to be modified after the Agreement has been signed, the modifications shall be by mutual consent of parties, made in writing and signed by the authorized representatives of the Parties. z4.u Notwithstanding sub-clause z4.t above, any variation and/or amendment of this agreement affecting remuneration and benefits shall be subject to the Salaries and Remuneration Commission's advice. 25 GoVERNING LAW AND JURISDICTIoN This Agreement shall be subiect to the laws of Kenya and parties shall submit to the jurisdiction of the Kenyan Courts where appropriately invoked. 26 COSTS Each party shall bear its own costs incidental to the negotiation, preparation, settling, signing and implementation of this Agreement' "1.r-. 2...q ,i.(;r For TSC . "r For KNUT 1).\1, Page 13

lN WITNESS WHEREQE, both parties execute this collective Bargaining Agreement in multiple originals to be executed the date hereinabove appearing' SIGNED FOR AND ON BEHALF OF THE TEACHERS SERVICE COMMISSION BY: DR. NANCY NJERI MACHARIA, cBs 5E(8E_IABY,/CHIEf IXECUT]VE DR. JAMLECK MUTURIJ ODH/ eoMMls a SECRETA.RY co 04Its e 00 t00 \l ON BEHALF OF YA NATIONAL UNlON OF TEACHERS l l l r-:-,$ ltrflrri. ln the presence of ADVOCATE SIGNED FOR AND .._t BY: COLLINS HENRY OYUU SECRETARY GENERAL KENYA NATIONAL UNION OF TEACHEBS PATR]CK KARINGA MUNUHE NATIONAL CHAIRMAN @EBs ln the Presence of ADvocATE oyucHo B. ocHIENc, ADVOCATE P. 105/ I Atl8/20 TBLI 0'127 840 211 P. O. Bor 521 t0 . 00100. N {L l l l l l l l l l DRAWN BY Cavin AnYuor, Advocate TSC House - 7th Floor, UPPer Hill Kilimaniaro Road, Off Mara Road Private Bag - ooloo NAIBOII b S I!lN L o s 3 P -( o i 13 JUL 2021 Scrviccs cnd Jusrrc Yil rtTlONAl- I UACHER N o UN N S RHO oBt P ?ox J04 7 0 NE NAIR 4 --- N/\I For KNUT.) l. l l I """0F' .o. For TSC . ....,/.....,9,..i.{..,.....'. Page 14

Basic SalarY P.m. No. of notches Maximum Minimum TSC Scale Grade 6 27,1 5 21,756 5 B5 6 94 ) 27,1 6 Ct 6 43 6 5 7 Cz 6 5) 3 4 ,154 8 Ca 7 65.385 o8 2 9 c4 7 77 ,84o 6z,z7z 10 c 7 ,4o8 77,840 11 Dj 7 10 ,24 1,O41 12 D2 7 125, 7) 1O4,644 I D 7 141,8 1 118 242 14 D4 7 7,6 6 ,l 1,380 1 1 D5 APPENDICES APPENDIX r: BASIC SALARY APPENDTX 2: COMMUT ERALLOWANCE \ ,i, m Commuter Allowance TSC Scale Crade 4,ooo 5 B5 4,ooo 6 C1 ,ooo 7 Cz 6,ooo 8 ca 8,ooo C4 8 ooo 10 c5 12,O O O 11 D1 12,OOO 12 Dz '14,OOO 1 D 14,OOO 14 D4 16,ooo 15 D5 For KNUT Page 15 For TSC ..

APPENDIX 3: DISAB|L|TY 6UIDE ALTOWANCE APPEND,X 4: LEAVE ALLOWANCE Guide Allowance Disabili m TSC Scale Grade 2O,OOO B5 2O,OOO 6 C1 2 O,OOO Cz 2O, OO O 8 c 20,OO O C4 2O,O OO 10 c5 20 ooo 11 D1 2O,OOO 1Z DI 2 O,OO O ,l D 2O,OOO 14 D4 2O,OOO 1 D5 Annual Leave Allowance a TSC Scale 4,Ooo B 4,ooo 6 C,I 6 o00 7 C2 6, ooo B ca 6,ooo c4 6, ooo 10 L 1O,OOO 11 Dt 1O, OOO 12 D2 1O,OOO 1 Dl 'lo,ooo 14 D4 1O,OOO 1 D5 For KNUI ,,,, \ For TS /J;tr 1.;,.... Page 16 Grade

APPENDIX 5: HoUSEALLOWANCE APPEND,X 6: HARDSHIP ALLOWANCE Grade TSC Scale Hsel Nairobi Hse2 -Maior Municipalities' Mombasa, Kisumu, Nakuru, NYeri, Eldoret, Thika, Kisii and Kitale Hse4 -all other areas B5 5 6,750 4,500 Ct 6 l O,OOO 7,500 4,2oo C2 7 16,5Oo 12,8OO 9,6oo c3 8 28,ooo 22,OOO 16,5oo c4 9 28,ooo 22,OOO C5 10 J5,OOO 25,500 15,400 Dt 11 45,ooo 28,ooo D) 12 45,OOO 28,ooo Dl 1) 45,ooo 28,ooo D4 14 45,OOO 28,ooo 2't,ooo D5 15 5O,OOO l5,ooo 25poo 2O,O O O Allowance Hardshi m TSC Scale 6rade 6,6oo 5 B5 8,2oo C1 oo 10, 7 C2 oo 1) 8 ca 14,650 C4 17,1OO 10 c5 oo 27 11 D1 27, oo 1) D2 1,5oo 1 Dl 31,5oo 14 D4 38,1oo 15 D5 For TSC ,.r. v- 4 r\- t For KNUr\\i,.\."r, Page 17 ./...Q ( Hse3 -Other former Minor Municipalities 3,850 3,2oo 5,800 7,5oo lJ,OOO 16,5oo 13,OOO 18,ooo 2l,ooo r6,8oo 21,OOO 16,8oo 21,OOO 16,8oo 16,8oo 6

TEACHERS SERVICE COMMISSION fclcphone: Nairobi 2892000 Email: !g@1@q949"!g lVcb: *'ww.lsc.Eo.k€ lVhcn rcplylnS plcasc quote RcfNo: TSCI ADl.l I t 9 2 Nll OL.lXl t7 Derz:2il MAY 20.t 8 CIRCULAR NO:7llOt8 TO: AIITSC Counry Directors AII TSC Sub-County Directors All Principals, National Polytechnics AII Principals, Technical Training lnstitutes All Principals, lnstitutes of Science 6r Technology All Principals, Diploma Teacher Colleges All Principals, Primary Teacher Training Colleges The Director, CEMASTEA The Director, Kenya lnstitute of Special Education The Chairperson, KEPSHA The Chairperson, KESSHA CAR.EER PROGRESSION GUIDETINES FOR. THE TEACHING SERVICE The Conrmission has developed Career Progression Guidelines for the teaching service which became operational with effect from 8'h November, 2017. These Guidelines provide for the policies and procedures that have standardized teachers' professional development. The grading structure has taken into account the ]ob Evaluation report. The Guidelines provide all basic requirements for career progression, training and promotion of teachers' TSC IIOUSE KILIMANJARO ROAD UPPER HTLL PRIVATE BAC. OOTO() NAIROBI, KENYA : vrca 6t{flIlI sJ {'\ i

Pathways for teachers have been defined and clear iob descriptions/specifications have been provided at every level' The Guidelines have provided the broad framework in school management' admintstration and ensure that curriculum implementation is structured and every teacher is clear on what is expected upon foining the teaching career. The Guidellnes effectively replaces the following: Schemes of Service for non'Graduate teachers Schemes of Service for Graduate teachers Schemes of Service for Technicat teachers and Lecturers Minimum entry requirement for entry into the teaching profession; Basic requirement for promotion from one grade to anotheri Entry to Admlnlstrative Grade; Additional responslbltities for School Administrators; and Requiremens for deployment to teach in:- (a) Primary School (b) Secondary School (c) Teacher Training College (d) Speciallnstitution (e) Centre for Mathematics, Science and Technology Education in Africa (CEMASTEA) (0 Kenya tnstitute of Special Education (KISE) (g) TechnicalCollegesand Polytechnics The comprehensive career Guidelines have been uploaded for access on the TSc website www.tsc.go.ke. All teachers and Education stakeholders are advised to read the provisions in the Guidelines. The following are the maior highlights:- (i) (ii) (iir) (iv) (v) *v )\ \, 2 (i) (it) (iii)

All employees of the Commission and any prospective professional teacher is advised to not€ the strict entry requiremenCs that form the standards for the teaching profession. DR ANCY NJERI MACHARIA, CBS s R tcH EXECUTIVE Copy to: Mr. Henry Rotich, EGH Cabinet Secretary The National Treasury P.O. Box 3OOO7-00 100 NAIROBI Amb.(Dr.) Amina C. Mohamed, EGH, CAV Cabinet Secretary Ministry of Education P.O. Box 30040-00100 NAIROBI Hon. Wilson Sossion Secretary General, Kenya National Union of Teachers (KNUT), P. O. Box 30407'00lOO, NAIROBI Mr. Akelo M.T. Misori Secretary General Kenya Union for Post Primary Education Teachers (KUPPET) P.O. Box 30412 - 00100 NAIROBI I .-\'{ \ o.)

Vice Chancellor Laikipia UniversitY College P.O. Box I IOO - 20300 NYAHURURU Vice Chancellor Kisii Unlversity College P.O. Box 4OB - 40200 Ktsll Vice Chancellor Karatina UniversitY College P.O. Box 1957 ' l0l0l KARATINA Vice Chancellor Presbyterian University of East Africa P.O. Box 387 'OO9O? KIKUYU Vice Chancellor Embu University College P.O. Box 956 - 60100 EMBU Vice Chancellor Catholic Unlversiry of Eastern Africa P.O. Box 62157 - 00200 NAIROBI Vice Chancellor Mt. Kenya University P.O. Box 13495 - 001O0 NAIR.OBI Vice Chancellor Kenyatta UnivenitY P.O. Box 43844 - 00100 NAIROBI 4 J )

Vice Chancellor Moi University, Main Campus P.O. Box 3900 - 30100 ETDORET Vice Chancellor Maasai Mara University P.O. Box 861 - 20500 NAROK Vice Chancellor Maseno University Main Campus P.O. Box 333 - 40l05 MASENO Vice Chancellor University of Eldoret (UOE) P.O. Box ll25 - 30100 ETDORET Vice Chancellor Chuka University P.O. Box lO9 - 60400 CHUKA Vice Chancellor Kenya Methodist UniversitY P.O. Box 267 - 60200 HER.U Vice Chancellor Daystar Universiry P.O. Box 17 - 9O145 ATHI RIVER. \-J 5 t,l Vice Chancellor University of Nairobi P.O. Box 30197 - 00100 NAIROBI

Vice Chancellor Machakos Universiry P.O. Box 136 - 90100 D,IACHAKOS Vice Chancellor South Eastern Kenya Univeniry (SEKU) P.O. Box 17O'9O2OO KITUI Vice Chancellor Universiry of Eastern Aftica Baraton P.O. Box 25OO - 30l0O ETDORET Vice Chancellor Masinde Muliro UniversitY P.O. Box 190 - 50100 KAKAMEGA Vice Chancellor Pwanl Unlversiry P.O. Box 195-80l08 KITIFI _) I 6

COLLTCTlVE BARCAIN ING ACREEMENT THE TEACHERS S ERVICE COMMISSION AND THE KENYA UNIO N OF POST PRIMARY EDUCATION TEACHERS KU PPET) a, -rl,4 I CE ln .,l I{{ ,*u\: For KUPPET P BETWEEN a a o JU tN sflcE lF-_"'- U PPE For TSC ..'... W/

Con tents ACCRONYMS PREAMBLE...... """"""""""":" 1. DEFtNlrloNs aNo rNrinpnETATloNs"""' 2. oBJEcTlvE AND PURPosE"""""""""""' 3. EFFECTIVE DATE AND DURATloN """"l'-'-':^.""' 4. coDE oF *,o''-^''-oiiu ioo' "t coHouci AND ETHlcs FoR TEA.HERS 5 PROBATION PERIOD""" 6 OBLIGATIONS OF THE PARTIES ' 6.1 Obligations of the Employer""""""j""" " ' 6.2 Obligations of the Union 7 REMuNERATloN """"""" 7.1 Basic SalarY"" 7'4DisabilitycuideAllowance.........'..'........ 7.5 Leave Allowance"""" """""" Leave allowance shall be payable as per Appendix 4 to all members once per annum 7.6 House Allowance"" """" ""' 8ReimbursableAllowances.'....'.....,........ 8.2 Transferallowance"'"" 8.3 Travellingexpense""""" lv 1 2 ,5 .5 .5 .5 .5 ..5 5 7 7 1 ,7 .7 .7 ,7 .7 ,.7 ,,7 ..8 ..8 9 '10 11 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 PROMoTIoNS ...'.""""""""' TRANSFERS... LEAVES......'.... PUBLIC HOLIDAYS"..' PERFORMANCE MANACEMENT AND EVALUATION CAREER PROCRESSION DISCIPLINE ,iiii*"t rHE rEAcHlNc sERVlcE""" CERTIFICATE OF SERVICE"" WORK IN.|URY BENEFITS cn'iv^Ntr HANDLINc PRocEDURE" INDUSTRIAL ACTION.."""' NoNaDlscRtMINATION """" SEXUAL HARASSMENT i-,;il or nrcocnrloN AcREEMENr""""""""' AMENDMENTI/ARIATION CrJ,*"'^c LAw AND luRlsDlcrloN .8 .9 .9 10 10 11 11 11 .11 .11 .L7 .12 .L2 ,.12 ..12 ..13 ..13 ..13 ,.. 15 .,.L5 26. cosTs.. APPENDICES.., APPENDIX 1 BASIC SALARY I tt4 1 For TSC For KIJPPEr.,\.. .. a--;\ -'.... egc lt / 1,

APPENDIX 2: COMMUTER ALLOWANCE ..... APPENDIX 3: DISABILITY GUIDE ALLOWANCE"""' APPENDIX 4: LEAVE ALLOWANCE. APPENDIX 5: HOUSE ALLOWANCE APPENDIX 6: HARDSHIP ALLOWANCE. ....15 ....16 16 t7 ...77 For KUPPET rtt For TSC ....... / g;;i 15. J At)

ACCRONYMS ASAL CBA COCE CORT CSO EARC FKE tLo KUPPET SRC TSC Arid and Semi -Arid Lands Col lectlve Bargaining Agreement Code of Conduct and Ethics for Teachers Code of Regulations for Teachers Curriculum Suppoft Officer Education Assessment Resource Centers Federation of Kenya EmPloYers lnternational Labour Organization Kenya Union of Post Primary Education Teachers Salaries and Remuneration Commission Teachers Service Commission 1 For TSC .. G{' For KUPPET.... l.\ -'t \

THIS AGREEMENT is made on the b+ Day of TJ x BETWETN The TEACHERS SERVICE COMMlSsloN, a constitutional commission established under Anicle 237 (1) of the Constitution of Kenya (hereinafter referred to as "the Employer") of Post office Box Private Bag - 00100, Nairobi, in the Republic of Kenya of the one paru AND THEKENYAUN!oNoFPosTPRIMARYEDUcATloNTEACHIRS,atradeunion registered under section 19 of the Labour Relations Act (hereinafter referred to as "the Union,,) of Post office Box 304"12-001o0, Nairobi in the Republic of Kenya, of the other pad PREAMBLE a. The parties to this Agreement meeting toSether freely and voluntarily have determined to regulate industrial relations between them in the interest of mutual understanding and co.operation by signing this Agreement on the terms and Conditions of employment of teachers in the public service' b. Regulations, policies, procedures, and practices of the Employer in effect on the effective date of this Agreement dealing with matters of terms and conditions of employment,publishedbytheEmployershallremaininforceandtheEmployer reseryes the right to make, adopt and implement other policies, rules and regulations and procedures not in conflict with the law and this Agreement' c. The parties agree to mutually recognize, declare and reaffirm their common commitment to maintain a collaborative relationship aimed at realizing quality teaching service in an environment of continuous improvement of terms and conditions of service for teachers. d. Towards meeting the needs of a progressive and competent teaching service, the parties herein express a mutual obligation and responsibility to promote quality teaching and to protect the best interest of the learners on whose behalf the parties hereto have been called to serve. /11 d', FoTTSC lt \"' 2021. For KUPPET..'

e The Employer and the Union wish to declare their mutual intent to work towards the achievement of common aims as follows: i. Advancement of quality teaching and standards through performance contracti ng and aPPraisal. The development of a system of communication and consultation designed for harmonious industrial relations between the parties. t WHEREAS: a Protection of the best interest of learners for whom they are individually, severally, and collectively held in trust. The Commission is the sole employer of all teachers in the public service in the Republic of Kenya; and b. The Union is duly recognized by the employer in accordance with the lawi and Article 41 (5) of the constitution of Kenya and Section 54 of the Labour Relations Act gives parties the right to enter into this Agreement; and d. The parties are desirous to establish harmonious industrial relations through agreed upon terms and conditions of service. NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties do hereby covenant as follows: - 1. DEFINITIONS AND INTERPRETATIONS oAgento means any person or body appointed by the Commission in accordance with ,,Allowance,, means a monetary compensation paid to a member in addition to the basic salary; c For TSC .$.tr For KUPPET Page 2 section 2O of the Teachers Service Commission AcU

,,Basic salary,, means the amount of money paid to a member on a monthly basis and excludes the allowances; "Courl" means Employment and Labour Relations Court of Kenya; "Commission" means the Teachers Service Commission; ,,Dismissalr, means the decision by the Commission to terminate the services of a member pursuant to due process under the CORT; "Family" means teacher-teacher marriage; ,,Grievance,, means an industrial complaint that affects the terms and conditions of employment which has not been escalated to a trade dispute; ,,Head of institution,, means the lead educator or administrator in a public educational institution appointed by the Commission as such and responsible for the implementation of the educational curriculum, policy and professional practices; "lndustrial action" means a strike or lockouU ,performance appraisal system" means a process of evaluation of a member's performance over a period of time based on agreed performance standards; ,,Redundancy,, means the loss of employment, occupation, job or career by involuntary means through no fault of an employee- involving termination of employment at the initiative of the employer, where the services of an employee are superfluous' and the practices commonly known as abolition of office, iob or occupation and loss of employment; 3 i For TSC . 3's- "Bipartite" means an engagement between TSC and KUPPET; For KUPPET.... fi'f i

,,Release" means allowing a teacher who has been offered employment by public institution' teachers unions, county government and public educational institution to leave the teaching service to take up the appointment, without loss of pension benefits; ,,Member,, shall mean a person trained and registered as a teacher as provided for in law and has subscribed to the union. "Union" means the Kenya Union of Post Primary Education Teachers' For KUPPET............. "i) For TSC .. n Page 4 NIt

2. oBlEcilvE AND PURPOSE. 2.1 The primary objective of this Agreement is to ensure that both parties work harmoniously in negotiaring the terms and conditions of service for members aimed at improving the teaching standards and performance of teachers in public service' 2.2This Agreement is intended to facilitate structured and constructive social dialogue between parties for the purpose of maintaining industrial peace and harmony in the education sector 3.2This Agreement shall remain in force for a period of four (4) years with effect from l't ,ULY, 2O21 lo 30'h f une 2025' 3.3 Notwithstanding clause 3.2 herein above, this Agregment shall remain in force and bind upon pafties until and unless by mutual consent of both parties, it is either reviewed or rePealed bY a new one. 4. CODE OF RECULAIIONS & CODE OF CONDUCT AND ETHICS FOR TEACHERS The Code of Regulations for Teachers and Code of Conduct and Ethics for Teachers shall form an integral part of this Agreement. 5 PROBATION PERIOD Parties hereby agree that they shall be guided by the probation terms under Regulation 61 of CORT 6 OBLICATIONS OF THE PARTIES 6.l Obligations of the EmPloYer 6.1.1 To ensure expeditious settlement of reponed industrial grievances and strictly observe the grievance handling mechanism recommended in this Agreement and the law. 6.1 .2 To implement this Agreement once registered in Couft' 6,1 ,3 To expeditiously implement bipartite settlements, aSreement, and decisions. P 5 \ '3" \^" 3. EFFECTIVE DATE AND DURATION 3.1The term of this Agreement shall commence on 1't |ULY,2021' ( For TSC For KUPPET........

To avoid engaging in any activities or programmes contrary to this Agreement 6.2 Obligations of the Union 6.1.4 6.2.4 Not to engage in Agreement; 6.2.6 any activities or programmes which contravene this r KUPPET 6'2'1 To discourage any breach of the peace or cause of civil unrest by union members that may disrupt rearning and erode dignity of the profession, 6'2'2 To ensure that the union's representativevofficiars do not engage or cause their members to engage in any union activiries in the course of their official duties that may disrupt learning and duties of its members; 6'2'3 To ensure that the union and its representat ives/officiarsobtain permission of the Commission in the event of activities prosra m mes a nd acr i v iri es i n I i ne wi rh r,",j:::;1,::::J,^"il:r;,,.,i; 6.2.5 To ensure that the union .s collective communicated by its secrerary cenerat, "ff',.;.;J:il"l;:H for remedial action; ;H::, ;r:T. professionalism in the teachins service by discouraging its a) Causing damage to institutionar property during industriar action , j:lli:",ng their colteasues who are not participatins in industriat o ,t:,?J;',:ffilfff;1,*,*sents access to rnstirutions or rearning d) Using abusive/inappropriate language towards learners, their colleagues' emproyer or its officers/agents ; other members of the society. 5 For TSC ,3.n G\' Fo /],tAl \:

7 REMUNERATION Parties hereby agree that remuneration payable to members shall be directly negotiated by both the employer and the union in strict adherence to the provisions of Articles 41' 237, and23O(4) of the Constitution of Kenya. Accordingly, parties hereby agree to the following monetary benefits: - 7.18asic SalarY 7.1 .1 Basic salary shall be paid as per Appendix 1' 7.2.2 Parties mutually agree that the employer shall continue to pay annual increments to members to compensate them for annual inflation' 7.3 Comnruler Allowance The Commuter Allowance shall be paid as per Appendix 2' 7.4 Disability Guide Allowance Disability cuide Allowance shall be payable at the rate of Kenya shillings Twenty Thousand (20,000) per Month as per Appendix 3 to members who are blind' deaf and those confined to wheelchairs by virtue of their disability' 7.5 Leave Allowance Leave allowance shall be payable as per Appendix 4 to all members once per annum 7.6 House Allowance House Allowance shall be payable as per Appendix 5 to members' 7.8 Medic.rl Benefit Medical benefit shall be drawn as per Part lX of the Code of Regulations for Teachers 8 Reinrbursable Allowances The parties agree to the payment of the following facilitative allowances to members: - Page 7 For TS I(- i\; -a For KUPPET 7.7 Hardship Allowance Hardship Allowance shall be payable as per Appendix 5 to members assigned duties in desi gnated hardship areas. (

8.2 Transfer allowance TransferAllowance shall be payable at a rate of one month's Basic Salary as per Regulation 8.3 Travelling exPense. Reimbursement of travelling expenses shall be paid as per Regulations 98, 99, 100, 101, 9 PROMOTIONS g.2 Parties agree that promotion of members shall be in accordance with the Career Progression Cuidelines in force' 9.3 To standardize the terms and conditions of service and align the grading structure with theJob Evaluation results ol 2o'16, parties hereby mutually aSree to replace the Schemes o{ $ervice for Teachers and to formally adopt the provisions of the Career Progression Cuidelines as per the employer's Circular No. 7 of 2018 dated 2'd May 2018 at Appendix'7. g.4 Further, the employer shall endeavor to promote members serving in ASAL and hard to staff areas holding administrative positions progressively until they attain grades that are commensurate to their respective positions. Meanwhile, they shall be retained in their current stations/areas until attainment of the substantive grades. 9.5 For purposes of clause 9.3 above, ASAL and hard to staffareas shall include: a) Earingo North, Tiaty East, Tiaty west and Marigat sub-counties in Baringo County. Carissa CountY Suba and Mbita sub-counties in Homa Bay County lsiolo County Mashuuru, Loitoktok and Kajiado West sub'counties in Kajiado County Kwale County Magarini and Canze in Kilifi County Lamu County For KIJPPET b) c) d) e) f) 8) h) t\ For TSC i$1. t l1,l ./ -(, 97 0f the coRT. 1 02 and 103 0f the coRT. R

i) Mandera County j) Marsabit County k) Mumoni, Mutito Nofth and Tseikuru Sub-Counties in Kitui County l) Narok South and Narok North subcounties in Narok County m) Samburu County n) Taita Taveta CountY o) Tana River County p) Turkana County q) Wajir County r) West Pokot County 1O TRANSFERS 10.2 The parties agree that transfer of members shall be done in line with Part V of the Code of Regulation for teachers. 10.3 Further, in promotion of family values provided for under Article 45 of the Constitution of Kenya, the Commission shall consider transfer requests for married couples to appropriate stationJ location subject to: 10.3.2 Availability of vacancies in the proposed station; 10.3.3 The need for a suitable replacement; 10.3.4 Need for equitable distribution and optimal utilization of teachers; 10.3.5 Existing staffing norms; and 10.3.6 Proof of marriage. 11 LEAVES I i.2 The parties agree that members shall take leaves as provided under Part X of the Code of Regulations for Teachers. ll.3Notwithstanding clause 11.1 herein above, a female member shall be entitled to maternity leave of one hundred and twentv (120) calendar davs with full salary pay with effect from the date of delivery. For TSC s..1\\ For KUPPET ....Page 9

1 l.4The Commission shall grant members a pre-adoptive leave of fortv five (45) calendar days with full salary pay from the date of adoption' 11.5 The Commission shall grant male members paternity le catendar days with full salary pay once a year' For KIJPPET ave of Twenty One (21) .12 PUEIIC HOLIDAYS The Commission shall observe public holidays as stipulated in the Constitution, national legislation or any other holiday as may be gazetted by the Covernment' 13 PERTORMANCE MANACEMENT AND EVALL,IATION 13.2 ln recognition of the fundamental shift in policy in public service and with a view to promote, enhance and maintain high performance standards in the teaching service, parties hereby agree that the Commission shall implement continuous Teacher Professional Development Programmes and Performance Evaluation system. 13.3 To this end, in compliance with Regulation 48 (1) of the coRT, parties reiterate that every member shall undertake the Professional Teacher Development programmes prescribed by the Commission from time to time' 13.4 Further in compliance with Regulation 49 (1) of the CORT, parties reiterate that every member who successfully completes a professional teacher development proSramme as provided in clause 13.2 above shall be issued with a teaching certificate by the Commission as evidence of compliance. 13.5 Parties agree that the commission shall undeftake performance evaluation of all members as per the Code of Regulations for Teachers 13.6The commission undertakes to comply with Part lV of the code of Regulations for Teachers in developing and facilitating career development pro8rams with a view to enhance productivity among members. ttl,r\, , For TSC ft. l\t-\ Page l0

14 CAREER PROCRESSION Parties agree that career progression shall be based on the Career Progression Cuidelines in force 15 DISCIPLINE The parties have agreed that the Discipline of members shall be undertaken as provided under Part Xl of the Code of Regulations for Teachers and Code of Conduct and Ethics for Teachers. 16 EXIT FROM THE TEACHING SERVICE 16.2 A member may exit service through any of the following means: - 16.2.2 Resignation 16.2.3 Retirement 16.2.4 Redundancy 16.2.5 Termination 'I 6.2.6 Dismissal 16.2.7 Transler of service 16.2.8 Release to other organizations 16.2.9 Death 16.3 The parties have agreed that the exit from service by members shall be undertaken as provided under Part Xll of the Code of Regulation for Teachers' 17 CERTIFICATE OF SERVICE The Commission shall in accordance with the Employment Act issue a Certificate of Service to a member exiting the service of the Commission. 1B WORK INJURY BENEFITS A member who is injured or dies while and in the course of employment will be compensated as per the Provisions of the Work lniury Benefits Act. 19 CRIEVANCE HANDLING PROCEDURE. 'l9.2parties agree that at all times attempts will be made to resolve all their grievances in an amicable manner with a view to achieving sustainable industrial peace in the teaching sector ( For TSC T; "t (- For KUPPET ll

19.3 Accordingly, parties agree to exhaust all the Alternative Dispute Resolution mechanisms provided under the Labour Relations Act and any other relevant law before resorting to any form of industrial action. 20 INDUSTRIAI, ACTION 2O.2 ln the event of an industrial action, Parties shall adhere to Part Vlll and Part X of the Labour Relations Act. 20.3 With a view to maintain the nobility of the teaching profession, parties agree that in the event of an industrial action, they shall conduct themselves with dignity, civility, and decorum, protect the property ofthe school and safeguard the safe$ of learners directly or indirectly through their respective officers, representatives and/or members. 21 NON-DISCRIMINATION Parties to this Agreement shall be bound by the provisions under regulation 16 of the Code of Regulation for teachers on Non-Discrimination' 22 SEXUAL HARASSMENT Parties shall be guided by the Sexual Harassment clauses in the Commission's Cender Policy revised in 201 'l and regulation 23 of the Code of Conduct and Ethics for Teachers. 23 REVJEW OF RECOGNITION ACREEMENT Taking into consideration the new constitutional and statutory framework in the labour sector and the provisions of ILO Convention 98 on the right to organize and collectively bargain, parties hereby mutually agree: 23.2.2To jointly review their Recognition Agreement to align it with the obtaining constitutional, institutional and legal framework in the teaching service. For TSC r..r|.A. For KUPPET :'.,..""P Lri( lge 12 19.4 ln case Alternative Dispute Resolution fails, either pany shall be at liberty to refer the grievance to the Cabinet Secretary for Labour as provided under the Labour Relations Act.

23.2.3 Thatthe review of the Recognition Agreement will enable the union to have a defined constituency Protected bY law. 23.2.4Thal parties will engaSe in structured negotiations for specific and defined constituency of the Union as required by law' 23.2.5 Thalthe reviewed recognition aBreement shall form part and parcel of this Agreement and shall be registered in the Employment and Labour Relations Court as an addendum to this Agreement. 24 AMEN DMENT/VARIATION 24.21n the event that any provisions of this Agreement are to be modified after the Agreement has been signed, the modifications shall be by mutual consent of parties, made in writing and signed by the authorized representatives of the Parties. 24.3 Notwithstanding sub-clause 24.1 above, any variation and/or amendment of this agreement affecting remuneration and benefits shall be subject to the Salaries and Remuneration Commission's advice. 25 GOVERNINC LAW AND 'URISDICTION This Agreement shall be subject to the laws of Kenya and parties shall submit to the jurisdiction of the Kenyan Courts where appropriately invoked' 26, COSTS Each party shall bear its own costs incidental to the negotiation, preparation, settling, signing and implementation of this Agreement. t\ For TSC 1,*' For KUPPET l3

IN WITNESS WHEREOF multiple originals to be executed the date hereinabove appearing SICNTD FOR AND ON BEHALF OT THE TEACHERS SERVICE COMMISSION O,r,u lr,: lAr:. i' TF"ACTIEJTS SIIB1IICE I( ii.r ' DR.IAMTECK MUTURI 'OHN COMMISS!ON CHAI 00 I ln the presence ADVOCATE o o =\ O az STGNED FOR AND ON B TEACHERS YA UNTON OF POST PRIMARY EDUCATION ryA IR BY AKELO M.T. MISORI SECRETARY CENERAI- * KENYA UNTON OF PO

RIMARY

EDUCATION TEACHERS

cvIC0, Il

IEREMIAH OMBOKO MILEMBA NAT!ONAt CHAlRMAN KENYA UNION OF POST PRIMARY EDUCATION TEACHERS WTTNESSED BY: WICKS Nf ENGA MWETHI TREASURER i! oJ P OJ P .."' s d {-\'r>--' "\""" -l-- Ll W.:6 N v (A b DRAWN BY Cavln Anyuor, Advocate TSC House - 7'h Floor, UPPer Hill Kilimanjaro Road, Off Mara Road Private Bag - 0O'l 00 NAIROBl, o t s o ,Dago.l4 -t For TSC For KUPPET both parties execute this Collective Bargaining Agreement in BY: DR. NANCY NIERI MACHARIA, CBS SECRETARYiCHI ET EXECUTIVE I 1 l l I Vr.! I IR()B\ I

Basic Salary.P.m. No. of notches Maximum Minimum TSC Scale Grade 6 27,195 21,756 5 B5 6 33,994 27,195 6 C1 6 43,694 34,95s 7 C2 6 53,943 43,"154 B C3 7 65,385 52,308 9 C4 7 77,840 62,272 10 C5 7 93,408 77,840 11 D1 7 109,249 91 ,041 12 D2 7 125,573 104,644 13 D3 7 't41,891 118,242 14 D4 7 't57,656 1 31,380 15 D5 r\PPENDICES APPENDTX 1: BASIC SALARY APPENDIX 2: COMMIJTER ALLOWANCE I)tt I Commuter Allowance m TSC Scale Crade 4,000 5 B5 4,000 6 C1 5,000 7 C2 6,000 B C3 8,000 9 C4 8,000 10 C5 12,OOO 'I 1 D1 12,000 12 D2 14,000 l3 D3 14,000 14 D4 16,000 15 D5 For TSC 1 '+:t' FoT KLIPPET ,] Page 15 h'

l.'. -

,'.i

APPENDTX 3: D|SABIL|TY CUIDE ALLOWANCT APPENDTX 4: LEAVE ALLOWANCE Guide Allowance Disabili m TSC Scale Crade 2o,ooo 5 20,000 6 C1 20,000 7 C2 20,000 B C3 20,000 9 c4 20,000 10 C5 20,000 11 D1 20,000 12 D2 20,000 't3 D3 20,000 14 D4 20,000 15 D5 Annual Leave Allowance a TSC Scale Crade 4,OOO 5 B5 4,000 6 C1 6,000 7 C2 6,000 .' C3 6,000 9 C4 6,000 10 10,000 11 D1 10,000 12 D2 10,000 '13 D3 10,000 14 D4 10,000 15 D5 . f'^. For KTJPPET il For TSC -1J \-- I l6 B5 C5 .../....................... .Page

Crad e TSC Scal e Hse l Nairobi Hse2 -Major Mun icipalities- Mombasa, Kisumu, Nakuru, Nyeri, Eldoret, Thika, Kisii and Kitale Hse4 -all other areas B5 5 6,750 4,500 3,8s0 3,200 C1 6 10,000 7,500 5,800 4,200 C2 7 16,500 12,800 9,600 7,500 C3 28,000 22,OOO 16,500 13,000 C4 9 28,000 22,OOO 16,500 13,000 C5 10 35,000 18,000 '15,400 Dr 11 45,OOO 28,OO0 21,O00 16,800 D2 12 45,000 28,000 21,OO0 16,800 D3 45,000 28,OOO 21 ,OOO 16,800 D4 14 45,000 28,000 2't,ooo 16,800 D5 15 50,000 35,000 25,OOO 20,000 APPENDIX 5: HOUSE ALLOWANCE APPENDIX 6: HARDSHIP ALLOWANCE Crade Hardship Allowance p.m B5 5 6,600 C1 B,2OO C2 7 10,900 C3 o 'l2,3OO C4 9 14,650 C5 10 17,100 D1 11 27,300 D2 12 27,300 D3 13 31,500 D4 14 31,500 D5 15 38, r 00 For TSC R For KUPPET Page 17 Hse3 -Other former Minor Mun icipalities B 25,500 't3 TSC Scale 6

TEACH ERS SERVICE COMMISSION felephone: Nairobi 2t92000 Email: i4@@359.9!g wcb: www.asc.Eo.kc lVhcn rcplylng plcrsc quote TSC HOUSE KILIMANJARO ROAI) T,'PPER HILL PRTVATE BAC. OOIOO NAIROBI,KENYA Rcf No: TSCI ADt lI t92A lOL.aXltT Dare: 2d MAY 201 8 ctRcuLAR NO|712018 TO: All TSC County Directors All TSC Sub'CountY Directors All Principals, National Polytechnics AII Principals, Technical Tralning lnstitutes All Principals, lnstitutes of Science u Technolory Atl Principals, Diploma Teacher Colleges Atl Principals, Primary Teacher Training Colleges The Director, CEMASTEA The Director, Kenya Institute of Special Education The Chairperson, KEPSHA The Chairperson, KESSHA CAR.EER PROGRESSION GUIDELTNES FOR THE TEACHING SER.VICE The Commission has developed Career Progreslon Guidelines for the teaching seruice which became operationat with effect from 8s November, 2017. These Guidelines provide for the policies and procedures that have standardized teachers' professional development. The grading structure has taken into account the Job Evaluation report. The Guidelfiles provide all basic requirementi for career progression, trainlng and protxotion of teacheir' I - I Ga 6E(IM _.-! I

pathways for teachers have been defined and clear iob descriptions/specifications have been provided at every level' The Guidelines have provided the broad framework in school management, adminlstration and ensure that cunicutum implementataon is structured and every teacher is clear on what is expected upon ioining the teaching career. The Guidelines effectively replaces the following: The comprehensive Career Guidelines have been uploaded for access on the TSC Website www.tsc.go.ke. All teachers and Educatlon stakeholders are advised to read the provislons in the Guidelines. The following are the maior highlighs:- (t) ([) ( iii) (i) ( ii) (iii) (iv) (v) Minimum entry requirement for entry into the teaching profession; Basic requirement for promotion from one grade to another; Entry to Administrative Grade; Additionat responslblllttes for School Administrators; and Requiremens for deployment to teach in:' (a) Primary School (b) Secondary School (c) Teacher Training College (d) Speciallnstitution (e) centre for Mathematics, science and Technology Education in Africa (CEMASTEA) (0 Kenya tnstltute of Special Education (KISE) (g) Technical Colleges and Polytechnla Schemes of Service for non-Graduate teachers Schemes of Seruice for Graduate teachen Schemes of Service for Technical teachers and Lecturers

AII emptoyees of the Commission and any prospective professional teacher is advised to note the strict entry requirements that form the standards for the teaching profession. DR ANCY NJERI MACHARIA, CBS s RETAR.Y/CHIEF EXECUTIVE Copy to: Mr. Henry Rotich, EGH Cabinet Secretary The NationalTreasury P.O. Box 3OOO7-00100 NAIR.OBI Amb.(Dr.) Amina C. Mohamed, EGH, CAV Cabinet Secretary Ministry of Education P.O. Box 30040-00100 NAIROBI Hon. Wilson Sossion Secretary General, Kenya Nationat Union of Teachers (KNUT), P. O. Box 3O4O7'OOlOO, NAIROBI Mr. Akelo M.T. Misori Secretary General Kenya Union for Post Primary Education Teachers (KUPPET) P.O. Box lO+12 - 0O100 NAIROBI J^; jl ,l

Vice Chancellor Laikipia University College P.O. Box I l0O - 20300 NYAH U RURU Vice Chancellor Karatina UniversitY College P.O. Box 1957'l0l0l KARATINA Vice Chancellor Presbyterian University of East Africa P.O. Box 387 - OO9O2 KIKUYU Vice Chancellor Embu University College P.O. Box 956 - 60100 EMBU Vlce Chancellor Gtholic University of Eastem Africa P.O. Box 62157 '00200 NAIROBI Vice Chancellor Mt. Kenya UniversitY P.O. Box 13495 - 00100 NAIR.OBI Vice Chancellor Kenyatta UnlvenltY P.O. Box 4384+ '00100 NAIROBI , . ( /\ Vice Chancellor Kisii UniversitY College P.O. Box 408 - 4O2OO KISII

Vice Chancellor Moi University, Main CamPus P.O. Box 3900 - 30100 ELDORET Vice Chancellor University of Nairobi P.O. Box 30197 - O0lO0 NAIROBI Vice Chancellor Maasai Mara University P.O. Box 861 - 20500 NAROK Vice Chancellor Maseno University Main Campus P.O. Box 333 - 40105 MASENO Vice Chancellor Universiry of Eldoret (UOE) P.O. Box 1125 - 3O100 EtDOR.ET Vice Chancellor Chuka University P.O. Box lO9 - 60.100 CHUKA Vice Chancellor Kenya Methodist University P.O. Box 267 - 5O2OO MER.U Vice Chancellor Daystar Universiry P.O. Box 17 '90145 ATHI RIVER r I I I

Vice Chancellor Machakos UniversitY P.O. Box 136 - 90100 MACHAKOS Vice Chancellor South Eastern Kenya University (SEKU) P.O. Box l7O - 9O2OO KITUI Vice Chancellor University of Eastern Aftica Baraton P.O. Box 2500 - 30100 ETDORET Vice Chancellor Masinde Muliro UniversitY P.O. Box 190 - 50lOO KAKA}.{EGA Vice Chancellor Pwanl UniversitY P.O. Box 195-80'l08 KruH tJ \ . jr)t .' /\. I l\ i :t-. i \) II I

CQLLE-C.T,IVf BA8-GA LNIN G A! R E E M E NT B-E-N/VEEN THE-T_EAEHEBLSEBVLCT(OMM!-S-S1O_N AND THEKENYA-UXtOLO-FSPECIAL-NEE.D-5-ED-U-CAILOIr-EACHEB5IKUSNED Special Needs o\ 19 o 0)oa (D .D\ oI ,1rfu.r...r..'t j:, ti -sentitt ,w,-', VfC6' UIln aaaE 1'd, 1.|.t( For TSC-,." For KUSNET Page i {D (D o

Contents ACCRONYMS PREAMBLE... 7.1 7 IV ,1 2 ,5 ,5 ,5 ,5 ,5 ,5 ,6 ,7 ,7 ,7 ,7 .7 ,7 .7 ,7 ,7 .8 .8 1. 2 ) 4 5 6 DEFINITIONS AND INTERPRETATIONS......... OBJECTIVE AND PURPOSE. EFFECTIVE DATE AND DURATION...... CODE OF REGULATIONS & CODE OF CONDUCT AND ETHICS FOR TEACHERS PROBATION PERlOD...'..'..... OBLIGATIONS OF THE PARTIES........... 6.1 Obligations of the Employer.... """""""""' 6.2 Obligations of the Union.... REMUN ERAT1oN...........'.........' Basic Salary .... 7.2 CommuterAllowance............' 73 PersonalGuideAllowance....""""""""" 1.4 LeaveAllowance.......'............ 7.5 HouseAllowance'.."..'......"....' 7.6 HardshipAllowance............"" 7.1 MedicalBenefit............. 8 ReimbursableAllowances 8.r Transfer allowance..' .... 8.2 TravellingexPense. 9 PROMOTlON5........'........ 1o TRANSFERS.... 11 LEAVES.... 12 PUBLlCHOLlDAYS.................. 1) PERFORMANCE MANAGEMENTAND EVALUATION 't4 CAREER PRoGRESSION 15 DlsclPLlNE..... 16 EXIT FROM THE TEACHINC 5ERV|CE"""""' 17 CERTIFICATE OF SERV|cE..... r8 WORK INJURY BENEF|TS....""' 19 6RIEVANCE HANDLING PROCEDURE' 20 lNDUSTRlALACT|ON........."... 2,1 NON-DISCRIMINATION 2I SEXUALHARASSMENT 2) AMENDMENT/VARIATION 24 6OVERNING LAW AND JURlSDlCTloN 24. co5T5........ APPENDICES... APPENDIX 1: BASIC SALARY APPENDIX 2: COMMUTER ALLOWANCE""' APPENDIX 3: DISABILITY GUIDE ALLOWANCE"" "" " ,.8 ..9 ..9 10 10 11 11 17 11 11 12 t2 L2 12 L2 13 13 15 15 P ett For TSC For KUSNET \Ir\ 15

APPENDIX 5: HOUSE ALLOWANCE APPENDIX 6: HARDSHIP ALLOWANCE llt For '. fi \ For KUSNET.... ,)\\\ , ,,,

ACCRONYMS ASAL CBA cocE CORT cso EARC FKE tLo KUSNET SRC TSC Arid and Semi -Arid Lands Collective Bargaining Agreement Code of Conduct and Ethics for Teachers Code of Regulations for Teachers Curriculum SuPPort Officer Education Assessment Resource Centers Federation of KenYa EmPIoYers lnternational Labour Organization Salaries and Remuneration Commission Teachers Service Commission For TSC. . '$.,- For KUSNET Kenya Union of Special Needs Education Teachers

THIS AGREEMENT is made on the d Day of I,L lg . .2021 TheTEACHERssERvlcEcoMMlssloN,aconstitutionalCommissionestablishedunder Article 237 (r) of the constitution of Kenya (hereinafter referred to as "the Employer") of PostofficeBoxPrivateBag-ooloo,Nairobi,intheRepublicofKenyaoftheonepart; B EEN AND PREAMBLE a.ThepartiestothisAgreementmeetingtogetherfreelyandvoluntarilyhave determinedtoregulateindustrialrelationsbetweenthemintheinterestofmutual understandingandco-operationbysigningthisAgreementonthetermsand Conditions of employment of teachers in the public service' b. Regulations, policies, procedures and practices of the Employer in effect on the effectivedateofthisAgreementdealingwithmattersoftermsandconditionsof employment,publishedbytheEmployershallremaininforceandtheEmployer reseryestherighttomake,adoptandimplementotherpolicies,rulesand regulations and procedures not in conflict with the law and this Agreement' c'Thepartiesagreetomutuallyrecognize,declareandreaffirmtheircommon commitmenttomaintainacollaborativerelationshipaimedatrealizingquality teachingserviceinanenvironmentofcontinuousimprovementoftermsand conditions of service for teachers' d.Towardsmeetingtheneedsofaprogressiveandcompetentteachingservice,the partieshereinexpressamutualobligationandresponsibilitytopromotequality teachingandtoProtectthebestinterestofthelearnersonwhosebehalftheparties hereto have been called to serye' Page \ For TSC - .tl..J j 13 11- For KUSNET THEKENYAUNIoNoFsPEclALNEEDsEDUCATIoNTEACHERS,atradeunionregistered under section rg of the Labour Relations Act (hereinafter referred to as "the Union") of PostofficeBoxTg4lS.ooloo,NairobiintheRepublicofKenya,oftheotherpart. \N,

e ll r. WHEBEA5j The Employer and the union wish to declare their mutual intent to work towards the achievement of common aims as follows: i. Advancement of quality teaching and standards through performance contracting and aPPraisal. The development of a system of communication and consultation designed for harmonious industrial relations between the parties Protection of the best interest of learners for whom they are individually, severally and collectively held in trust. a The commission is the sole employer of all teachers in the public service in the Republic of KenYa; and b The Union is duly recognized by the employer in accordance with the law; and Article 41 (5) of the constitution of Kenya and section 54 of the Labour Relations Act gives parties the right to enter into this Agreement; and d. The parties are desirous to establish harmonious industrial relations through agreed uPon terms and conditions of service' NOW THEREFORE, in consideration of the mutual agreements herein contained, the parties do hereby covenant as follows: - DEFINITIONS AND INTERPRETATIONS ,,Agenl,, means any person or body appointed by the Commission in accordance with section 20 of the Teachers Service Act; r,Allowance, means a monetary compensation paid to a member in addition to the basic salary; c For TSC ' t'}.."' For KUSNET P^Crtr

,.Basic salary,, means the amount of money paid to a member on a monthly basis and excludes the allowances; "Bipartite" means an engagement between TSC and KUSNET; "Court" means Employment and Labour Relations Court of Kenya; "Commission" means the Teachers Service Commission; ,rDismlssal,, means the decision by the commission to terminate the services of a member pursuant to due process under the CORT; "Family"means teacher-teacher marriage; ,,Grievance, means an industrial complaint that affects the terms and conditions of employment which has not been escalated to a trade dispute; ,rHead of institution" means the lead educator or administrator in a public educational institution appointed by the Commission as such and responsible for the implementation of the educational curriculum, policy and professional practices; "lndustrial action" means a strike or lockout; ,,performance appraisal system" means a process of evaluation of a member's performance over a period of time based on agreed performance standards; ,,Redundancy,, means the loss of employment, occuPation, iob or career by involuntary means through no fault of an employee, involving termination of employment at the initiative of the employer, where the services of an employee are superfluous, and the practices commonly known as abolition of office, iob or occupation and loss o/ employment; For TSC ... Page 3 \ For KUSNET N\

,.Release,, means allowing a teacher who has been offered employment by public institution, teachers unions, county government and public educational institution to leave the teaching service to take up the appointment, without loss of pension benefits; ,.Member,, shall mean a person trained and registered as a teacher as provided for in law and has subscribed to the union. "Union" means the Kenya Union of Special Needs Education Teachers' For TSC .. For KUSNET fue

2 OBJECTIVE AND PURPOSE. z.tTheprimaryobiectiveofthisAgreementistoensurethatbothpartieswork harmoniouslyinnegotiatingthetermsandconditionsofserviceformembers aimedatimprovingtheteachingstandardsandperformanceofteachersinpublic servlce z.zThisAgreementisintendedtofacilitatestructuredandconstructivesocialdialogue betweenpartiesforthepurposeofmaintainingindustrialpeaceandharmonyin the education sector' 1't JULY, 2o2l to 3oth June 2025 S.3NotwithstandingClause3.zhereinabove,thisAgreementshallremaininforceand binduponpartiesuntilandunlessbymutualconsentofbothparties,itiseither reviewed or rePealed bY a new one' 4. CODE OF REGULATIoNS & CODE OF CONDUCT AND ETHICS FOR TEACHERS TheCodeofRegulationsforTeachersandCodeofConductandEthicsforTeachersshall form an integral Part of this Agreement' 5 PROBATION PERIOD PartiesherebyagreethattheyshallbeguidedbytheprobationtermsunderRegulation 6r of CORT. 6 OBLIGATIONS OF THE PARTIES 6.t Obligations of the EmPloYer 6..t..t To ensure expeditious settlement of reported industrial grievances and strictly observe the grievance handling mechanism recommended in this Agreement and the law. To imp lement this Agreement once registered in Cou E9 Pa I For TliC 6.'r. ,.,1-L' For KUSN ET ]. EFFECTIVE DATE AND DURATION 3.r The term of this Agreement shall commence on l5t JULY' 2021' 3.2 This Agreement shall remain in force for a period of four (4) years with effect from N.',.

5.1.) To expeditiously implement bipartite settlements' agreement' and decisions. 6.1.4 To avoid engaging in any activities or programmes contrary to this Agreement. 6.2 obli 6).1 6.2.2 6.2.) 6.2.4 gations of the Union To discourage any breach of the peace or cause of civil unrest by union members that may disrupt learning and erode dignity of the profession' To ensure that the union's representatives/officials do not engage or cause theirmemberstoengageinanyunionactivitiesinthecourseoftheirofficial duties that may disrupt learning and duties of its members; Toensurethattheunionanditsrepresentatives/officialsobtainpermission oftheCommissionintheeventofactivitiesthatmaydisruptlearning,school programmes and activities in line with prevailing policies of the Commission' Not to engage in any activities or programmes which contravene this Agreement; 6.2.5 To ensure that the union's collective grievances are reported and/or communicated by its Secretary General directly to the Commission Secretary for remedial action; 6,2'6Toencourageprofessionalismintheteachingservicebydiscouragingits members from: - a) Causing damage to institutional property during industrial action b) lntimidating their colleagues who are not participating in industrial action' c) Denying employer's officers/agents access to lnstitutions of learning during industrial action' d) Using abusive/inapproPriate language towards learners' their colleagues, employer or its officers/agents and other members of the societY, Page 6 ,\- .\l For { t:rE' For KUSNET N\ I

7 REMUNERATION Parties hereby agree that remuneration payable to members shall be directly negotiated by both the employer and the union in strict adherence to the provisions of Articles 41,237, and t3o(4) of the constitution of Kenya. Accordingly, parties hereby agree to the following monetary benefits: - 7,r Basic Sa lary 7,1.1 Basic salary shall be paid as per Appendix t. ?.1.2 Parties mutually agree that the employer shall continue to pay annual increments to members to compensate them for annual inflation. 7.2 Commuter Allowance The Commuter Allowance shall be paid as per Appendix z' 7.3 Disability 6uide Allowance Disability Guide Allowance shall be payable at the rate of Kenya Shillings Twenty Thousand (zo,ooo) per Month as per Appendix 3 to members who are blind, deaf and those confined to wheelchairs by virtue of their disability. 7,4 Leave Allowance Leave allowance shall be payable as per Appendix 4 to all members once per annum 7.5 House Allowance House Allowance shall be payable as per Appendlx 5to members 7.6 Hardship Allowance Hardship Allowance shall be payable as per APPendix 6 to members assigned duties in designated hardship areas. 7.7 Medical Benef it Medical benefit shall be drawn as per Part lX of the Code of Regulations for Teachers 8 Reimbursable Allowances FoTTSC,,.., Page 7 r..a"\ " For KUSNET IN\ The Parties agree to the payment of the following facilitative allowances to membeT- \

8.1 Transfer allowance Transfer Allowance shall be payable at a rate of one month's Basic Salary as per Regulation 97 ofthe CORT 8.2 Travelling exPense. Reimbursement of travelling expenses shall be paid as per Regulations 98, 99, loo, 101, 102 and to3 of the CORT' 9 PRoMoTIONS g.1 Parties agree that promotion of members shall be in accordance with the career Progression Guidelines in force. g.2 To standardize the terms and conditions of service and align the grading structure with the Job Evaluation results of zot6, parties hereby mutually agree to replace the Schemes of Service for Teachers and to formally adopt the provisions of the career Progression Guidelines as per the employer's circular No. 7 of 2018 dated 2nd May zotS at APPendix-7. g.3 Further, the employer shall endeavor to promote members serving in ASAL and hard to staff areas holding administrative positions progressively until they attain grades that are commensurate to their respective positions. Meanwhile, they shall be retained in their current stations/areas until attainment of the substantive grades. g.4ForPurPosesofclauseg.3above,ASALandhardtostaffareasshallinc|ude: a) Baringo North, Tiaty East, Tiaty west and Marigat sub-counties in Baringo County. Garissa CountY Suba and Mbita sub-counties in Homa Bay County lsiolo CountY Mashuuru, Loitoktok and Kaiiado West sub-counties in Kajiado County b) c) d) e) f) Kwale CountY c 8 I \ For TSC 5 ,'t{.' For KUSNET

g) Magarini and Ganze in Kilifi County h) Lamu CountY i) Mandera CountY j) Marsabit CountY k) Mumoni, Mutito North and Tseikuru Sub-Counties in Kitui County l) Narok South and Narok North sub-counties in Narok County m) Samburu CountY n) Taita Taveta CountY o) Tana River CountY p) Turkana CountY q) Wajir County r) West Pokot CountY IO TRANSFERS to.1 The parties agree that transfer of members shall be done in line with Part V of the Code of Regulation for teachers. 1o.2 Further, in promotion of family values provided for under Article 45 of the Constitution of Kenya, the Commission shall consider transfer requests for married couples to aPproPriate stations/ locations subiect to: 10.2.1 10.2.2 10.2,3 1O.2.4 'to.2.5 Availability of vacancies in the proposed station; The need for a suitable replacementl Need for equitable distribution and optimal utilization of teachers; Existing staffing norms; and Proof of marriage. r LEAVES 11.1 The parties agree that members shall take leaves as provided under Part X of the Code of Regulations forTeachers. 9 For TSC ....r . e-Jr. For KUSNET \

11.2 Notwithstanding clause tt.t herein above, a female member shall be entitled to maternity leave of onehun-drcdnnjlwenty-(gO)-calenOq-dayr with full salary pay with effect from the date of delivery. 11.J The Commission shall grant members a pre-adoptive leave of fortylivel4s)_calgnd-a"r days with full salary pay from the date of adoption' rr.4 The commission shall grant male members paternity leave of Twenty one (zt) g.{endar days with full salary pay once a year. rZ PUBLIC HOLIDAYS The Commission shall observe public holidays as stipulated in the Constitution, national legislation or any other holiday as may be gazetted by the Government' r3.3 Further in compliance with Regulation qg (r) of the coRT, parties reiterate that every member who successfully completes a professional teacher development programme as provided in clause t3.z above shall be issued with a teaching certificate by the Commission as evidence of compliance' 13,4 Parties agree that the commission shall undertake performance evaluation of all (_ For TSC ,,,',. .'$J\.- For KUSNET Paee I0 1 1] PERFORMANCE MANAGEMENT AND EVALUATION 13.1 ln recognition of the fundamental shift in policy in public service and with a view to promote, enhance and maintain high performance standards in the teaching service, parties hereby agree that the Commission shall implement continuous Teacher professional Development Programmes and Performance Evaluation sYstem. 13.2 f othis end, in compliance with Regulation 48 (r) of the CORT, parties reiterate that every member shall undertake the Professional Teacher Development programmes prescribed by the Commission from time to time' members as per the Code of Regulations for Teachers' .-, l

) 13.5 The Commission undertakes to comply with Part lV of the Code of Regulations for Teachers in developing and facilitating career development programs with a view to enhance productivity among members. 14 CAREER PROGRESSION Parties agree that career progression shall be based on the Career Progression Cuidelines in force r5 DISCIPLINE The parties have agreed that the Discipline of members shall be undertaken as provided under Part Xl of the Code of Regulations for Teachers and Code of Conduct and Ethics for Teachers. 16 EXIT FROM THE TEACHING SERVICE t6.t A member may exit service through any of the following means: - 16.1.1 Resignation 16.'t.2 Retirement 16.1.) RedundancY 16.1.4 Termination 16.1.5 Dismissal t6.t,6 Transfer of service 16.'t.7 Release to other organizations 15.1.8 Death 16.z The parties have agreed that the exit from service by members shall be undertaken as provided under Part Xll of the Code of Regulation for Teachers. r8 WORK INJURY BENEFITS A member who is injured or dies while and in the course of employment wif'be 'r 'i For TSC J,*- For KUSNET ll r7 CERTIFICATE OF SERVICE The Commission shall in accordance with the Employment Act issue a Certificate of Service to a member exiting the service of the Commission. compensated as Per the Provisions of the Work lnlury Benefits Act' \ \ ? (

a 19 GRIEVANCE HANDLIN6 PROCEDURE' 19.1 parties agree that at all times attempts will be made to resolve all their grievances in an amicable manner with a view to achieving sustainable industrial peace in the teaching sector. 19.2 Accordingly, parties agree to exhaust all the Alternative Dispute Resolution mechanisms provided under the Labour Relations Act and any other relevant law before resorting to any form of industrial action. 19.1 ln case the Alternative Dispute Resolution fails, either party shall be at liberty to refer the grievance to the Cabinet Secretary for Labour as provided under the Labour Relations Act 20.2 With a view to maintain the nobility of the teaching profession, parties agree that in the event of an industrial action, they shall conduct themselves with dignity, civility, and decorum, protect the school property and safeguard the safety of learners directly or indirectly through their respective officers, representatives and/or members. 21 NON.DISCRIMINATION parties to this Agreement shall be bound by the provisions under regulation t5 of the Code of Regulation for teachers on Non-Discrimination' 22 SEXUAL HARASSMENT Parties shall be guided by the Sexual Harassment clauses in the Commission's Gender policy revised in zorr and regulation z3 of the Code of Conduct and Ethics for Teachers. 23 AMENDMENT/VARIATION 23.1 ln the event that any provisions of this Agreement are to be modified after the reement has been signed, the modifications shall be by mutual consqlt of For TSC . Ag 1 ,"s^' For KUSNET t2 2o INDUSTRIAL ACTION 2o.1 ln the event of an industrial action, Parties shall adhere to Part Vlll and Part X of the Labour Relations Act. i. r \'... \

; parties, made in writing and signed by the authorized representatives of the Parties. 23.2 Notwithstanding sub-clause z3.t above, any variation and/or amendment of this agreement affecting remuneration and benefits shall be subiect to the Salaries and Remuneration Commission's advice. 24 COVERNIN6 LAW AND JURISDICTION This Agreement shall be subject to the laws of Kenya and parties shall submit to the iurisdiction of the Kenyan Courts where appropriately invoked. :5 COSTS Each party shall bear its own costs incidental to the negotiation, preparation, settling, signing and implementation of this Agreement. ( \l For TSC '-e For KUSNET.. IJJ (.- rr N

lN W|TNESS WHEREOF, both parties execute this Collective Bargaining Agreement in multiple originals to be executed the date hereinabove appearing. SIGNED FOR AND ON BEHALF OFTHE TEACHERS SERVICE COMMISSION BY: DR. NANCY NJERI MACHARIA, CBS sf-c B EraRy/-cl{lEtf xE c ur I v E ^.r -.--.r r -1_i t '5,t:,L ^\i, r.L.i. r .IE,{C RS SERVTCE CO oN K MUTURIJO 0H1"4 o ln the presence o ADVOCATE STGNED FOR AND ON BEH 'oFq UNTON OF SPEC]AL NEEDS EDUCATION TEACHERS BY: .4 l l l l l DR. JAMLEC c0MMtssto 2 eo- { &**F JAMES TOROME GENERAL SECRETARY KENYA UNION OF SPECIAL NEEDS EDUCATION TEACHERS wITNESSED BY: JACKSON ONDINDO TRUSTEE 0D H14 l l l l l l l ut stt$ltt m o ) -l DRAWN BY Cavin Anyuor, Advocate '' TSC House - 7th Floor, UPPer Hill Kilimanjaro Road, Off Mara Road Private Bag - ootoo NAIBOSL eo D -x For TSC =.-. .,; 00t0 For KUSNET o l)t W,, I t l AMOS KARANJA NATIONAL CHAIRMAN KENYA UNION OF SPECIAL NEEDS EDUCATIO_N TEACHERS

APPENDICE5 APPENDIX l: BASIC SALARY APPENDIX Z: COMMUTER ALLOWANCE Grade TSC Scale Basic Salary p.m. No. of Notches Minimum Maximum B5 5 21,756 27,195 6 Ct 6 77,195 3),994 _ 6 Cz 7 34,955 4),694 6 ca 8 43,154 53,943 6 c4 9 52,Jo8 65J8l. 7 c5 10 6z,z7z 77,84c 7 D1 1'r 77,840 93,408 7 D2 12 91,O41 'to9,249 D3 t) 1o4,644 125,573 7 D4 14 't18,242 t4't,89't 7 D5 15 i j1, j8o t57,656 7 Grade Commuter Allowance p.m. B5 5 4,ooo Cj 6 4,ooo C2 7 5,ooo c) 8 6,ooo c4 9 8,ooo c5 10 Dt '11 12,O OO nr 17 12,OOO Dl 13 14,OOO D4 14 14,OOO D5 15 t6 ooo $( \ For 4"*t For KUSN age 15 t.\ 7 TSC Scale 8,ooo

TSC Scale Disability Guide Allowance p.m B5 2O,OOO C1 6 2O,OOO C2 2O,OOO ca d 2O,OO O C4 9 2 O,OO O c5 10 2O, OOO Dt 11 2O,OOO D2 12 2O,OO O D3 1) 2O,OOO D4 14 2O,OOO D5 15 2O,O OO APPENDIX j: DISAB,L,TY 6UIDE ALL?WANCE APPEND,X 4: LEAVE ALLOWANCE ) Grade TSC Scale Annual Leave Allowance p.a B5 5 4,OOO Cl 6 4,ooo C2 7 6,ooo ca 8 6,ooo C4 9 6,ooo C5 10 6,ooo D1 1'l 1O,OOO D2 12 1O, OOO D3 13 10 D4 1O,OOO D5 1O,OOO For KUSNET '.tN,\ 16 Grade 5 7 t ooo 14 15 For TSC ....... tl..'i

APPEND,X 5: HOUSE /\LLOWANCE APPENDIX 6: HARDSHIP ALLOWANCE I , t7 ...., \ \ 6rade TSC Scale Hsel Nairobi Hse2 -Maior Municipalities- Mombasa, Kisumu, Nakuru, Nyeri, Eldoret, Thika, Kisii and Kitale Hse3 -Other former Minor Municipalities Hse4 -all other areas B5 5 6,75c 4,500 J,850 3,2oo Ct 6 1O,O O O 7,500 5,800 4,2OO Cz 7 16,5OO 12,8OO 9,60o 7,500 ca 8 28,ooo 22,OOO 16,5OO 13, ooo c4 9 28,ooo 22,OOO 16,5oo 13,OOO Cj 10 35,OOO 25,500 18,OOO 15,4OO D1 11 45tOOO 28,ooo 21,OOO 16,8oo D2 't2 45,ooo z 8,ooo 21,OOO 16,8oo D3 13 45,OOO 28,Ooo 21,OOO 16,8oo D4 14 45,OOo 28,ooo 21,O OO 16,8oo D5 15 5O,OOO J5,ooo 25,OOO 2O,OOO 6rade TSC Scale Hardship Allowance p.m B5 5 6,6oo C1 6 8,2oo 7 1O,9OO cl 8 'l2,JOO C4 9 14,650 C5 10 17,1OO D1 11 27,3oo D2 12 27,300 D3 13 31,5oo D4 14 J1,5oo D5 15 38,ioo ForT$Q 't".\ ' For KUSNET l C2

I I tcc SEAllI fclcphone: Nairobi 2892000 Email: info(ft)tsc.qo.kt lvcb: w .ls .kc TEACH ERS SERVICE COMMISSION TSC IIOUSE KILTMANJARO ROAI) UPPER HILL PRJVATE BAG. OOIOO NATROBI, KENYA lVIcn rcplYing Plc!5c quole Rcf No: r sct AD?ll t I 2AAl oL.txl t7 Date: 2/ MAY 2018 CIRCULAR NO:7/2018 TO: AIITSC CountY Directors AIl TSC Sub'CountY Directors All Principals, National Polrechnics All Principals, Technical Tralning lnstitutes All Principals, lnstitutes of Science Er Technology All Principals, Diploma Teacher Colleges All Principals, Primary Teacher Training Colleges The Director, CEMASTEA The Director, Kenya lnstitute of Special Education The ChairPerson, KEPSHA The ChairPerson, KESSHA CAR.EER PROGRESSION GUIDELINES FOR THE TEACHING SERVICE The commission has developed career Progression Guidelines for the teaching servicewhichbecameoperationalwitheffectfromEthNovember,20lT' These Guidelines provide for the policies and procedures that have standardized teachers' professional development' The grading structure has taken into account the ]ob Evaluation report' The Guidelines provide all basic requirements for career progression, training and promotion of teachers' I ( \\\"\i\. \.

1 Pathways for teachers have been defined and clear iob descriptions/specifications have been provided at every level' The Guidelines have provided the broad framework in school management, administration and ensure that curriculum implementation is structured and every teacher is clear on what is expected upon ioining the teaching career. The Guidelines effectively replaces the following: The comprehensive career cuidelines have been uploaded for access on the TSC Website www.tsc.go.ke. All teachers and Education stakeholders are advised to read the provisions in the Guidelines. The following are the maior highlighs:- (t) (it) (iii) (i) (ii) (iii) (iv) (v) Schemes of Service for non-Graduate teachers Schemes of Seruice for Graduate teachers Schemes of Service for Technical teachers and Lecturers Minimum entry requirement For entry into the teaching profession; Basic requirement for promotion from one grade to anotheri Entry to Admlnlstrative Grade; Additional responslblllties for School Administrators; and Requiremens for deployment to teach in:' (a) Primary School (b) Secondary School (c) Teacher Training College (d) Speciallnstltution (e) Centre for Mathematics, Science and Technology Education in Africa (CEMASTEA) (0 Kenya lnstitute of Special Education (KISE) (g) Technical Colleges and Polytechnics 2

I AllemployeesoftheCommissionandanyprospectiveprofessionalteacheris advisedtonotethestrictentryrequirementsthatformthestandardsforthe teaching Profession. DR NCY N,ERI t'lAcHARlA, c BS ET RY C EF EXECUTIVE Copy to: Mr. Henry Rotich, EGH Cabinet Secretary The National Treasury P.O. Box 30007'00100 NAIROBI Amb.(Dr.) Amina C. Mohamed, EGH, CAV Cabinet Secretary Ministry of Education P.O. Box 30040-00.l00 NAIROBI Hon. Wilson Sossion Secretary General, Kenya National Union of Teachers (KNUT)' P. O. Box 30407'0010O, NAIROBI Mr. Akelo M.T. Misori Secretary General Kenya Union for Post Primary Education Teachers (KUPPET) P.O. Box 30412 - 00100 NAIROBI .1 ,N\ \ \

I Vice Chancellor Laikipia UniversitY College P.O. Box I 100 - 20300 NYAHURURU Vice Chancellor Kisii UnlversitY College P.O. Box 4OB - 40200 KISII Vice Chancellor Karatina UniversitY College P.O. Box 1957 ' l0lOl KARATINA Vice Chancellor Presbyterian University of East Africa P.O. Box 387 - OO9O2 KIKUYU Vice Chancellor Embu University College P.O. Box 956 - 60100 EMBU Vice Chancellor Catholic Unlversity of Eastern Africa P.O. Box 62157 - 00200 NAIROBI Vice Chancellor Mt. Kenya University P.O. Box 13495 - 001O0 NAIROBI Vice Chancellor Kenyatta UniversitY P.O. Box 4384+ - 001O0 NAIROBI 4 ,

Vice Chancellor XaUru3at3,3il'0" ELDORET Vice Chancellor HB:i:y;J,TTl',,jo,oo NAIROBI Vice Chancellor rs:t}'J:i:ffil% NAROK Xin:l',ffiJ'"iitv M ain campu s i.o- sol< 333 - 40los T{ASENO Vice Chancellor ytsi*:y$ffr!"JIH.o" ELDORET Vice Chancellor Chuka Universiry P.5. s"' 109 - 60400 CHUKA Vice Chancellor r"nr. Uttftodist University i.o: Br, 267 - 60200 MER.U Vice Chancellor tstsji:yi).riB,o, ATHI RIVER t I

i i ! Vice Chancellor Machakos University P.O. Box 136 - 90100 MACHAKOS Vice Chancellor South Eastern Kenya University (SEKU) P.O. Box 17O - 9O2OO KITUI Vice Chancellor University o[ Eastern Africa Baraton P.O. Box 25OO - 30100 EIDORET Vice Chancellor Masinde Muliro University P.O. Box l9O - 50100 KAKAMEGA Vice Chancellor Pwani Unlversiry P.O. Box 195-80l08 KITIFI 6 /> -r .-'t I i

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