The Great Divide: A Tale of Two Employers
In Kenya’s Early Childhood Development Education (ECDE) sector, a complex dual employment system has created a landscape of contrasting terms, conditions, and career trajectories. For the ECDE teacher, understanding whether you fall under the Teachers Service Commission (TSC) or your County Government is not just administrative—it fundamentally shapes your professional life, remuneration, and future.
The Historical Roots: Why Two Systems Exist
The 2010 Constitution devolved ECDE to county governments (Fourth Schedule). However, primary and secondary school teachers remained under the national government’s TSC. This created a split:
- Pre-Primary (ECDE): A devolved function → Employed by County Governments.
- Primary (Grade 1-3 and above): A national function → Employed by TSC.
The confusion intensifies because many ECDE teachers work in “attached” units within TSC-managed primary schools, leading to two teachers in the same compound with vastly different employment statuses.
Clarifying the Dual System: A Side-by-Side Comparison
| Aspect | TSC-Registered Primary Teacher (Grade 1-3) | County-Employed ECDE Teacher (PP1, PP2) |
|---|---|---|
| Legal Employer | Teachers Service Commission (TSC) | The County Public Service Board (CPSB) of your specific county. |
| Governing Act | Teachers Service Commission Act (2012) | County Governments Act (2012) & Public Service Commission laws. |
| Registration | Mandatory. Must hold a TSC Number after meeting set academic/professional standards. | Not under TSC. May require registration with a county or association, but no uniform national number. |
| Salary Scale & Payment | National TSC scales (e.g., B5, C1, etc.). Paid directly by TSC, often through a centralized bank. | Determined by individual counties. Varies widely from county to county. Paid by the county treasury. |
| Benefits | Standardized medical cover (NHIF), pension scheme, car loans, mortgage, leave allowances. | Benefits vary drastically. Some counties offer NHIF/NSSF, many offer minimal or no benefits. Highly inconsistent. |
| Career Progression | Clear, structured pathways (CPG), from Classroom Teacher to Deputy Head, Head, etc. | Often unclear, ad-hoc, or non-existent. Limited promotional opportunities within the ECDE county structure. |
| Transfers | Can be transferred nationally under TSC deployment. | Typically employed and remain within the specific county. No national transfer mechanism. |
| Disciplinary Management | Handled under TSC’s Code of Regulations for Teachers. | Handled under county human resource policies, which may lack specialization for teaching. |
The Core Challenges of the Dual System
- Glaring Pay Disparities: An ECDE teacher in a high-capacity county may earn significantly more than one in a neighboring county for the same work. Some earn as little as a stipend.
- The “Volunteer” Trap: Many county-employed teachers work for years on temporary or “voluntary” terms with no job security or benefits, despite performing core teaching duties.
- Professional Development Gaps: TSC offers structured in-service training (TPD). County teachers often rely on uneven, NGO-driven workshops or fund their own development.
- Morale and Brain Drain: The inequality creates low morale. Qualified ECDE teachers may leave the profession or seek TSC primary training to escape the county system’s uncertainty.
- Implementation Confusion: In integrated schools, the “two-employer” model leads to management conflicts, unequal resource allocation, and a sense of second-class citizenship among ECDE staff.
Ongoing Harmonisation Efforts: The Push for TSC Takeover
The campaign to “Transfer ECDE Teachers to TSC” is the central harmonisation effort. Proponents argue it would:
- Standardise Salaries & Benefits: Ensure equal pay for equal qualifications across Kenya.
- Guarantee Career Progression: Provide a clear promotional ladder under the Career Progression Guidelines (CPG).
- Enhance Professionalism: Mandate TSC registration and continuous TPD modules.
- Improve Service Delivery: Stabilise the workforce, reducing strikes and attrition.
Recent Developments & The Roadblocks:
- Legal Framework: The Task Force on Teacher Professional Development (2021) recommended the transfer of ECDE teachers to TSC. Several parliamentary motions and bills have been proposed.
- Financial Implications: This is the biggest hurdle. Nationalising the salaries of tens of thousands of ECDE teachers represents a massive, recurring fiscal commitment for the national government.
- County Resistance: Some counties view this as a loss of control over a devolved function and their workforce. Others support it to relieve their own financial burden.
- Gradual Steps: Some discussions suggest a phased approach, starting with the harmonisation of terms before full transfer, or initially transferring only ECDE teachers in public primary school attached units.
Practical Guide for ECDE Teachers: Navigating the Current Reality
- Know Your Employer: Check your appointment letter, payslip, and who signs your documents. Are you paid by “County Treasury of X” or by “TSC”?
- Unionise: Join the Kenya Union of Pre-Primary Education Teachers (KUNOPPET) or the County Government Workers Union, which specifically advocates for county-employed ECDE teachers.
- Document Everything: Keep copies of your appointment letters, payslips, and any communication regarding terms of service.
- Engage in Advocacy Constructively: Participate in structured dialogues through your union with the County Public Service Board and the county executive member for education.
- Continue Professional Development: Pursue further diplomas/degrees and document all training. This strengthens your case for better remuneration and prepares you for future harmonisation.
Conclusion: A System in Flux
The TSC vs. County divide is the most pressing structural issue in Kenya’s ECDE sector. While the logic of harmonisation under TSC is widely accepted by teachers for equity and professionalism, the political and financial negotiations are complex. For now, ECDE teachers must navigate a fragmented landscape, armed with knowledge and a collective voice, as national and county leaders grapple with finding a sustainable, fair solution for the foundational architects of every child’s education. The goal remains a unified, respected teaching service for all who shape young minds from the very beginning.