The process of appointing a new Chief Executive Officer (CEO) for the Teachers Service Commission (TSC) has been temporarily stopped after the Employment and Labour Relations Court issued an order suspending the recruitment.
The decision came after a petition was filed by a resident of Mombasa who raised legal and constitutional concerns regarding how the recruitment was being carried out.
On the evening of Monday, May 26, 2025, Justice Ocharo Kebira, sitting at the Employment and Labour Relations Court in Mombasa, issued interim orders that paused the hiring process.
The judge said that the situation as it stood by 5:10 PM on May 27, 2025, should be maintained until the court gives further directions.
In her ruling, Justice Kebira also instructed that all involved parties—namely, the Teachers Service Commission, the National Assembly, the Attorney General, and Education Cabinet Secretary Julius Ogamba—be officially served with court documents, as they are respondents in the case.
This legal development comes shortly after TSC announced in early May that it was looking to fill the positions of Secretary and CEO, marking the end of the current CEO Nancy Macharia’s term. Macharia is set to leave office on June 30, 2025.
The commission had invited qualified Kenyans, especially those with a background in education and management, to apply for the top job by May 27.
However, the Mombasa petitioner moved swiftly to challenge the recruitment, claiming the process was flawed and lacked a formal declaration of vacancy.
The petitioner argued that TSC could not start hiring for a position that technically did not exist yet.
One of the key issues raised in the petition was the argument that the recruitment process violated several constitutional principles and used discriminatory criteria that unfairly limited who could apply. Specifically, the petition targeted Section 16(2), which outlines the requirements for applicants.
The petitioner criticized the TSC’s job advertisement, which stated that applicants must have a university degree and at least 10 years of experience in the education sector.
According to the petition, this condition was too narrow and unfairly shut out skilled and experienced professionals from other industries who could also serve effectively in the role.
It was further argued that although the TSC expects candidates to have knowledge in public administration, human resources, and financial management, it oddly restricted degree qualifications to only education-related fields. The petitioner found this inconsistent and unreasonable.
In addition, the petition questioned the 21-day window provided for applications, saying it was too short and did not consider the diverse conditions under which many Kenyans live.
According to the petitioner, such a limited time frame could deny many qualified individuals the opportunity to apply, especially those in remote or underserved areas who may face challenges accessing timely information or internet services.
The case now awaits further court proceedings, and until then, the recruitment of the new TSC boss remains suspended.
Join Gen Z New WhatsApp Channel To Stay Updated On time https://whatsapp.com/channel/0029VaWT5gSGufImU8R0DO30
