TSC CEO search halted after court challenge on constitutionality
The recruitment of a new Chief Executive Officer for the Teachers Service Commission has been temporarily stopped by the Employment and Labour Relations Court following a legal petition that questions the constitutionality of the process.
On Monday evening, Justice Ocharo Kebira issued interim orders in Mombasa halting the process after a resident filed a petition claiming the ongoing recruitment was marred by constitutional breaches and discrimination.
The petitioner argued that the criteria used by the commission were restrictive and unfairly locked out many qualified individuals.
“The status quo that shall obtain on May 27, 2025, at 5:10 PM, as regards the impugned process, shall be maintained till further orders of this court,” ruled Justice Kebira.
The judge further directed that court documents be served to the Teachers Service Commission, the National Assembly, the Attorney General, and Education Cabinet Secretary Julius Ogamba, all of whom have been named as respondents in the case.
Earlier this month, the TSC advertised the positions of Secretary and Chief Executive Officer, ahead of the end of Nancy Macharia’s term on June 30, 2025.
The commission asked qualified Kenyans to apply by May 27, calling for candidates with a background in education and at least 10 years of experience.
But the petitioner challenged the advertisement, saying the position was not officially declared vacant, and accused the TSC of attempting to recruit for a non-existent role.
The petition also questioned the legal foundation of Section 16(2), which defines the qualifications needed to apply for the position.
According to the petitioner, the requirement that applicants must hold a degree in education was too narrow and excluded professionals from other sectors, despite the job also requiring experience in public administration, human resources, and financial management.
The petition further argued that the 21-day application period was too short and discriminatory, given the diverse conditions and challenges faced by potential applicants across the country.
