The Employment and Labour Relations Court (ELRC) in Mombasa has dismissed a case challenging the recruitment of the Teachers Service Commission (TSC) Chief Executive Officer (CEO), allowing the Commission to proceed with the process it had temporarily halted.
The petition, filed in May 2025 by Thomas Mosomi Oyugi, questioned the legality of TSC’s recruitment procedures for the CEO position.
Oyugi argued that the process was discriminatory and procedurally flawed, particularly citing provisions in the TSC Act requiring the CEO to hold a degree in education. He contended that this requirement unfairly excluded qualified professionals from other fields.
The petitioner also criticized the 21-day application window, calling it inadequate given the country’s diversity and varying living conditions.
The TSC had officially advertised the Secretary/CEO position on May 6, 2025, following the nearing end of Nancy Macharia’s term. The deadline for applications was set for May 27, 2025, at 5:00 p.m. East African Time (EAT).
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Currently, the Commission is led by Acting CEO Eveleen Mitei, following the exit of the former CEO.
The TSC CEO is one of the most powerful positions in Kenya’s education sector, overseeing the recruitment, deployment, promotion, and discipline of over 400,000 teachers nationwide.
The office also manages the Commission’s substantial budget, including teachers’ salaries, allowances, and pensions, giving it considerable influence over public sector resources.
In addition, the CEO plays a central role in implementing national education policies, including 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 day-to-day operations and represents TSC in negotiations with teachers’ unions, Parliament, and other stakeholders.
Decisions made in this office can impact industrial peace or strikes, affect millions of students and families, and influence national education governance, making it a highly visible and politically significant role.
By Obegi Malack
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