Teachers Service Commission (TSC) to resume CEO recruitment
Teachers Service Commission (TSC) to resume CEO recruitment
The Teachers Service Commission (TSC) can resume its search for a new chief executive after the Employment and Labour Relations Court in Mombasa dismissed a petition challenging the recruitment process.
In a ruling on Thursday, January 29, Justice Ochara Kebira found that the petitioner had not provided sufficient evidence to justify halting the process, clearing the way for TSC to proceed with hiring a permanent CEO.
The decision lifts previous legal restrictions that had temporarily paused the recruitment.
The petition, filed in May 2025 by Nyali resident Thomas Mosomi Oyugi, challenged the constitutionality of Section 16(2) of the Teachers Service Commission Act.
The provision requires candidates for the CEO role to hold a degree in education. Oyugi argued that this requirement was discriminatory, excluding professionals from other relevant fields such as finance, human resources, and public administration.
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He described the qualifications as “illogical and mischievously designed to favour one class of Kenyans,” particularly teachers and insiders within the Commission, and said they violated constitutional principles on equality, non-discrimination, fair competition, and merit-based appointments.
Oyugi also criticised TSC for advertising the position before the outgoing CEO, Nancy Macharia, completed her second five-year term on June 30, 2025, and raised concerns over the short application window.
Justice Kebira dismissed these claims, ruling that the petitioner had failed to demonstrate how public interest would be harmed by continuing the recruitment.
“Having found as I have herein above, that there hasn’t been a demonstration of a prima facie case in respect of the specific matters mentioned and that the Petitioner has not demonstrated the prejudice that he or the public would suffer if the conservatory order is not granted, I come to the inescapable conclusion that the instant application is for rejection. It is hereby rejected. The 1st Respondent is at liberty to proceed with the recruitment process, which was temporarily halted by order of this Court,” the judgment reads.
Since June 30, 2025, following the expiry of Macharia’s term, Eveleen Mitei has been serving as acting CEO.
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