The Employment and Labour Relations Court has issued orders suspending the Teachers Service Commission’s (TSC) recruitment process for its next Secretary and Chief Executive Officer, pending the determination of a legal challenge citing constitutional and procedural irregularities.
Justice Ocharo Kebira, sitting in Mombasa, granted the orders after certifying a petition filed by Thomas Oyugi as urgent. The ruling effectively maintains the status quo as of 27 May 2025 and pauses the recruitment until further directions are given.
“Upon reading the application, the grounds upon which it is premised, and the affidavit in support thereof, it is hereby ordered that the application be served forthwith on the respondents… that the status quo that shall obtain on 27 May 2025, as regards the impugned process, shall be maintained until further orders of this court. That the application be heard inter partes on 9 June 2025,” said Justice Kebira.
The court has directed the TSC, the National Assembly, the Cabinet Secretary for Education, and the Attorney General—named as the first to fourth respondents respectively—to file and serve their responses within seven days from 27 May.
In his petition, Oyugi alleges that the entire recruitment process is marred by constitutional violations, discriminatory requirements, and a lack of transparency. He claims that the TSC initiated the hiring without declaring a vacancy, rendering the process unconstitutional and null and void.
The job advert was published on May 6, 2025, inviting applications until 5:00 p.m. on 27 May—a 21-day window that Oyugi argues is unjustifiably short.
The petitioner further challenges Section 16(2) of the TSC Act, which outlines qualifications for the CEO role. He contends that the requirement for candidates to hold a degree in education from a recognised Kenyan university is unconstitutional and discriminatory.
“The academic qualifications and experience requirements are not only illogical but appear deliberately crafted to favour a narrow class of insiders—teachers and TSC staff,” Oyugi stated.
He also criticised the inclusion of mandatory experience in education or public administration, arguing that it excludes capable professionals from other sectors and violates principles of equality, non-discrimination, and fair competition for public office.
According to Oyugi, the job description is inconsistent and illogical, as it requires skills in human resources and financial management while mandating a teaching degree—fields regulated by separate professional laws such as the Human Resource Management Professionals Act and the Accountants Act.
The recruitment process follows TSC’s advertisement earlier this month for the positions of Secretary and CEO, signalling the impending end of Dr Nancy Macharia’s term, which concludes on 30 June 2025.
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