The Employment and Labour Relations Court (ELRC) has deferred the delivery of its ruling in the Teachers Service Commission (TSC) verse Thomas Mosomi Oyugi matter.
This case has stalled the recruitment of a substantive TSC Chief Executive Officer.
Appearing before the ELRC in Mombasa were informed that Justice Ocharo Kebira, the trial judge, is bereaved and was unable to conclude the ruling within the earlier timelines.
The court, presided over on the day by Justice Monica Mbaru, consequently rescheduled delivery of the verdict to January 29, 2026.
The determination had initially been scheduled for December 11, 2025, as captured in earlier court directions.
The case has attracted national interest because it goes to the heart of how constitutional commissions recruit senior office holders, and what thresholds are lawful in setting qualifications for the top TSC job.
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Oyugi moved to court in May 2025, challenging the constitutionality and legality of the process for recruiting a new TSC Secretary/CEO to replace Dr Nancy Macharia, arguing that it was discriminatory and procedurally flawed.
Among the contested issues is Section 16(2) of the TSC Act, which the petition argues creates exclusionary requirements—particularly the provision tied to education qualifications for the CEO role—thereby unfairly locking out other professionals.
Following the petition, the court issued interim orders in May 2025 that stopped the recruitment process and preserved the status quo.
The Commission appointed Eveleen Mitei as Acting CEO following Macharia’s exit, pending a substantive appointment.
In late November 2025, the dispute took another turn after the court allowed the petition to proceed to a full trial, signalling that the questions raised required substantive judicial interrogation.
The court is now expected to deliver its ruling on January 29, 2026, a decision likely to shape the future framework for senior recruitment at the TSC and potentially other independent commissions.
By Joseph Mambili
