The Employment and Labour Relations Court has temporarily stopped the recruitment of teachers for senior secondary schools in Garissa, Wajir, Mandera, and Lamu counties following a petition filed by three educators who claim they are being unfairly edged out of their jobs.
In its ruling, the court issued conservatory orders suspending the exercise advertised by the Teachers Service Commission (TSC) in November 2025. The recruitment drive sought to fill 2,082 positions described as “attrition vacancies” in senior schools. The process will remain on hold pending the hearing and determination of the case.
The court directed lawyer Charles Mwalimu to serve the pleadings on TSC, which has been given seven days to file its response.
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The petitioners argued that they have been serving in hardship and insecurity-prone areas under fixed-term contracts and had a legitimate expectation of being absorbed on permanent and pensionable terms. Instead, they say, TSC has subjected them to a fresh recruitment process for positions they already occupy.
They contrasted their situation with that of Junior Secondary School (JSS) interns, who are currently being confirmed to permanent terms without being required to reapply. According to the teachers, this amounts to discrimination.
“It is within public knowledge that the respondent has opted to confirm JSS interns to permanent and pensionable terms to ensure continuity, while forcing teachers serving in hardship zones to reapply for their own jobs,” petitioner Titus Kyalo Kilonzo stated in court papers.
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Kilonzo, who teaches English and Literature at Modogashe Secondary School in Garissa County, said he was appointed in June 2023 on a three-year contract. He argued that the advertised vacancy for his position was “artificially created” to facilitate his removal and replacement.
The other two petitioners, employed between 2020 and 2023 on similar terms, claimed the re-advertisement of their positions amounts to constructive dismissal and reflects a broader pattern affecting teachers in hardship zones.
The matter is scheduled for hearing on February 9.
By Masaki Enock
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