Teachers banned from doing any side hustles businesses in new law

Teachers across Kenya could soon face tighter restrictions on what they do outside the classroom if proposed changes to the legal and regulatory framework governing the teaching profession are adopted.

The proposed measures seek to restrict teachers from engaging in additional commercial activities or other forms of gainful employment alongside their official teaching duties, potentially affecting educators who have turned to side businesses to supplement their salaries.

The development is likely to attract significant attention among teachers, many of whom engage in farming, small businesses and other income-generating activities outside school hours.

Under the proposed framework, teachers could be required to devote themselves fully to their official responsibilities and avoid activities considered incompatible with their duties as employees of the Teachers Service Commission (TSC).

However, questions remain over exactly which activities would fall under the proposed restrictions.

The provisions, as currently understood, do not provide a detailed list of every business or income-generating activity that could be regarded as prohibited gainful employment. This leaves uncertainty over whether activities such as farming, operating a small shop, consultancy work, private tutoring or other professional engagements would automatically be affected.

The distinction could become particularly important for teachers who undertake income-generating activities outside working hours and without interfering with their classroom responsibilities.

The proposed changes come as Parliament considers legislation relating to the Teachers Service Commission. The National Assembly’s current Bills listing includes the Teachers Service Commission (Amendment) Bill, 2026, meaning the legislative process is still ongoing.

This means teachers should not interpret the proposals as an immediate blanket ban that has already become law. Any changes must go through the required parliamentary and public participation processes before they can take effect in their final form.

Beyond the issue of side hustles, the proposed legal framework is also expected to strengthen provisions dealing with professional conduct and disciplinary matters within the teaching profession.

Among the areas attracting attention are professional negligence and persistent absenteeism, issues that can directly affect learning outcomes and the administration of schools.

The proposed framework also seeks to address serious misconduct involving learners, including expanding or clarifying offences related to the sexual exploitation of learners.

For teachers, the changes could therefore represent a broader attempt to tighten professional accountability rather than focusing solely on outside employment.

The debate over teachers’ additional sources of income is likely to be particularly sensitive because many educators rely on activities outside their salaries to meet household expenses and pursue personal economic goals.

At the same time, the regulatory argument centres on ensuring that teachers remain committed to their official responsibilities and that outside activities do not interfere with teaching, create conflicts of interest or compromise professional standards.

The precise impact of the proposed restrictions will depend on the final wording adopted through the legislative process and any regulations subsequently issued by the relevant authorities.

For now, teachers engaging in businesses or other income-generating activities will be watching the parliamentary process closely, particularly for clarification on what will be classified as prohibited gainful employment.

The proposed changes could ultimately require some teachers to reconsider how they earn additional income outside their official duties, but the final position will only become clear once Parliament completes the relevant process and the applicable provisions take effect.

Until then, the reported restrictions should be understood as proposed changes rather than an already implemented nationwide ban on teachers’ side hustles.