The Employment and Labour Relations Court (ELRC) in Mombasa is set to deliver its ruling tomorrow, Thursday, January 29, 2026 in the high-profile legal challenge over the recruitment of the Teachers Service Commission (TSC) Chief Executive Officer (CEO), a case that has drawn widespread attention across the education sector.
Education stakeholders, including teacher unions, school administrators and policy experts, are keenly awaiting the decision, which is expected to determine the future of the stalled CEO recruitment process at the Commission.
The ruling had earlier been deferred after the trial judge, Justice Ocharo Kebira, was unable to finalise the judgment within the initial timelines due to personal bereavement.
Justice Monica Mbaru subsequently presided over the matter and rescheduled the delivery of the decision.
The petition, filed in May 2025 by Thomas Mosomi Oyugi, challenges the legality of the TSC’s recruitment procedures for the CEO position.
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The petitioner argued that the process was discriminatory and procedurally flawed, particularly faulting provisions in the TSC Act that require the CEO to hold a degree in education, which he says unfairly locks out qualified professionals from other fields.
He also questioned 21-day application window, with the petitioner arguing that it was discriminatory and inadequate, considering the diversity and different living situations in the country.
The case had been expected to be concluded in December 2025 but was pushed forward, prolonging uncertainty at the Commission. In May 2025, the court issued interim orders halting the recruitment process pending full judicial review.
As a result, the TSC continues to operate under the leadership of an Acting CEO, Eveleen Mitei, following the exit of former CEO Dr. Nancy Macharia.
The ruling which is expected tomorrow is anticipated to have far-reaching implications for the governance of the Teachers Service Commission and the manner in which constitutional commissions conduct senior-level recruitments in Kenya.
The TSC CEO is one of the most powerful positions in Kenya’s education sector because the office oversees the recruitment, deployment, promotion, and discipline of over 400,000 teachers nationwide.
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The CEO also manages the Commission’s massive budget, including teachers’ salaries, allowances, and pensions, giving the role significant influence over public sector resources.
Additionally, the CEO plays a central role in implementing national education policies, such as curriculum reforms and professional standards, directly shaping the quality of education across the country.
As the head of an independent constitutional commission, the CEO wields authority over TSC’s day-to-day operations and represents the Commission in negotiations with teachers’ unions, Parliament, and other stakeholders.
Decisions made in this office can determine industrial peace or strikes, affect millions of students and families, and influence national education governance, making the TSC CEO a highly visible and politically significant role.
By Obegi Malack
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