MPs slam TSC for not hiring teachers over 45 years old

The Teachers Service Commission (TSC) is facing criticism from lawmakers over its delay in hiring teachers who are over 45 years old.

During a request for a statement by Soy MP David Kiplagat, several MPs called for TSC to appear before the Education Committee to explain the prolonged delays in employing these teachers.

Kiplagat, leading the charge, argued that even if a teacher is nearing retirement, TSC should still hire qualified candidates.

Kiplagat stated: "Honourable Speaker, I request the Chairperson of the Departmental Committee on Education to provide a report on the number of registered teachers above 45 years who have yet to be employed by TSC, including their graduation year, registration year, current ages, and their distribution across the country."

He said they are also seeking a report on the number of teachers aged over 45 that were recently recruited by TSC, specifying the distribution, as well as the actions being taken to implement affirmative action for them.

"Furthermore, we request information on the steps TSC is taking to adjust the current recruitment framework to reduce delays and ensure timely entry into the teaching profession," he explained.

In response to the issue, Education Committee Chairperson and Tinderet MP Julius Melly stated that TSC will be invited to appear before the committee to ensure the matter is thoroughly addressed.

Melly remarked: "The Education Committee has been actively seized with this issue, noting that many teachers have been unable to secure employment due to the 45-year age rule. Even if a teacher is only able to work for two weeks, they still deserve the opportunity to be employed."

This request for a statement comes shortly after TSC faced scrutiny over the recent promotion of 151,611 teachers.

MPs claimed that the commission promoted teachers who scored 80% in interviews, overlooking those who achieved perfect scores of 100 percent.

In Parliament, Kiplagat expressed regret that despite a 2019 ruling by the Employment and Labour Relations Court, which declared TSC's 45-year age limit for teacher recruitment unconstitutional and discriminatory, the commission has failed to comply with the decision.

The court had ruled that the age cap violated the right to non-discrimination and deprived qualified teachers the chance to serve until the retirement age of 60.

TSC was ordered to lift the age restriction, yet it has not followed through.

Kiplagat further lamented that despite the court's ruling, many qualified, registered teachers aged 45 and older are still being excluded from recruitment processes.

"These teachers have consistently applied for jobs, meeting all recruitment requirements, yet they remain overlooked. This occurs despite Kenya's severe teacher shortage, with over 110,000 vacancies reported in 2023, including a shortage of 72,422 teachers in junior secondary schools alone," he noted.

"Yet more than 350,000 qualified teachers are unemployed, many of whom are over 45 years old."

He called for urgent affirmative action from TSC to ensure that these teachers are given employment opportunities before reaching the mandatory retirement age of 60, as their continued exclusion has led to frustration and disillusionment.