Court proceedings are set to determine the fate of the long-delayed Teachers Service Commission (TSC) CEO recruitment, with a High Court ruling expected on May 5, 2026, that could decide whether the TSC commission can proceed with appointing a new chief executive.
For nearly a year, the process of appointing a new chief executive for the TSC has been entangled in court battles, constitutional arguments, and administrative uncertainty, turning what should have been a routine leadership transition into one of the most closely watched legal disputes in the education sector.
READ ALSO: Court set to deliver verdict in TSC CEO recruitment dispute tomorrow
The controversy surrounding the TSC CEO recruitment began in May 2025, when the Teachers Service Commission advertised the position of Secretary/Chief Executive Officer, inviting qualified candidates to apply to oversee the country’s public teaching workforce. The role is central to the commission’s operations, which manage more than 350,000 teachers across Kenya.
The advertisement required applicants to possess a degree in education and at least ten years of experience in fields such as education, administration, human resource management or finance. While the requirements appeared straightforward, they soon became the focal point of legal challenges that would stall the TSC CEO recruitment for months.
The recruitment process was underway during a leadership transition within the commission. In June 2025, long-serving TSC chief executive Dr Nancy Njeri Macharia (pictured below) began her terminal leave after completing her tenure.
In a memo announcing the transition, Macharia wrote: “End of My Tour of Duty.”
The internal communication confirmed that the commission had appointed Eveleen Mitei (pictured below) to act as Secretary/Chief Executive Officer until a substantive successor could be appointed.
READ ALSO: Legal battle over TSC CEO recruitment intensifies ahead of December ruling
“The Commission has appointed Eveleen Mitei to act as Commission Secretary/CEO pending the appointment of my successor.”
The acting appointment underscored the urgency of completing the TSC CEO recruitment, as the commission needed stable leadership to manage Kenya’s vast teaching workforce.
However, the recruitment process soon faced legal challenges from activists and litigants who argued that the position’s requirements violated constitutional principles of equality and fairness.
Several petitions were filed in court challenging the TSC CEO recruitment, including cases brought by Thomas Mosomi Oyugi, Collins Omondi Oduor, Peter Kibelesi Kukubo, and governance activist Okiya Omtatah Okoti.
The petitioners argued that the requirement for a degree in education unfairly excluded qualified professionals from other fields and limited access to public office.
They also raised questions about whether the recruitment process complied with constitutional principles requiring public appointments to be transparent, competitive and open to all qualified Kenyans.
READ ALSO: Determination of TSC CEO hiring case deferred to January
The legal battle appeared to take a decisive turn in January 2026, when the Employment and Labour Relations Court in Mombasa dismissed one of the petitions challenging the recruitment process.
Court battles stall TSC CEO recruitment again
In its ruling, the court stated: “The Petition before the Court has not raised any prima facie case.”
For a brief moment, the decision cleared the path for the Teachers Service Commission to continue with the TSC CEO recruitment.
But the reprieve was short-lived.
On February 2, 2026, a new petition was filed in the Kiambu High Court, reviving the dispute.
The case, filed by Simon Kariuki Kimaita, sought urgent conservatory orders to suspend the recruitment process until the court determined whether it complied with constitutional standards.
The petitioner argued that urgent intervention was necessary because: “the substratum of this suit requires immediate protection.”
The following day, February 3, the court issued conservatory orders suspending the TSC CEO recruitment.
The orders were intended to: “preserve the substratum of the Petition.”
The decision effectively halted the recruitment process once again, throwing the commission’s leadership transition into uncertainty.
The TSC responded quickly to the court orders.
On February 5, the commission filed a certificate of urgency and a notice of motion seeking to have the conservatory orders lifted.
In court documents, TSC chairperson Dr Jamleck Muturi John (pictured below) warned that suspending the recruitment process would have serious consequences for the commission’s operations.
He argued that the orders had “caused total confusion.”
The commission further stated that the suspension had “rendered the operations of the Commission dysfunctional and ineffective.”
TSC also argued that the issues raised in the new Petition had already been addressed in earlier court cases and that allowing repeated lawsuits challenging the TSC CEO recruitment risked paralysing the institution.
As the dispute escalated, concerns about the conservatory orders were reportedly raised with the Chief Justice’s office.
In correspondence responding to the complaint, the presiding judge explained that the orders issued by the court were: “provisional and conservatory in nature.”
The judge emphasised that the orders had been granted to: preserve the substratum of the Petition.”
However, the correspondence also suggested that complaints raised before the matter was fully heard “appear premature.”
When the case returned to court on March 5, 2026, the judge issued directions outlining how the dispute would proceed.
During the ruling on directions, the court emphasised a fundamental legal principle: “jurisdiction is everything.”
The judge directed that the preliminary objection, the petitioner’s motion, and the Teachers Service Commission’s application would all be considered together.
All parties were ordered to file written submissions within fourteen days.
The court then scheduled the ruling for May 5, 2026, setting the stage for a decision that could determine the fate of the TSC CEO recruitment.
Fate of contested TSC top job
The outcome of the ruling could shape not only the TSC’s leadership but also the broader legal framework governing public appointments in Kenya.
At the centre of the dispute is Section 16(2) of the TSC Act, which requires the commission’s chief executive to possess a degree in education.
Petitioners argue that the requirement discriminates against qualified professionals from other sectors such as law, finance and administration.
They cite constitutional principles stating: “All sovereign power belongs to the people.”
They also point to the constitutional guarantee that: “Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.”
The TSC, however, maintains that the qualifications are necessary because the commission regulates the teaching profession and requires leadership with deep knowledge of the education sector.
As the legal arguments continue, the TSC CEO recruitment remains suspended.
READ ALSO: Why court allowed TSC CEO hiring to continue amid unresolved main petition
When the court delivers its ruling in early May, the decision could determine whether the recruitment process resumes immediately or whether the legal battle continues.
Hundreds of thousands of teachers whose careers are overseen by the commission — the outcome will shape the future leadership of one of the country’s most powerful constitutional institutions.
Timeline of Key Events in the TSC CEO Recruitment Dispute
May 6, 2025 – TSC advertises the CEO position, launching the TSC CEO recruitment.
May 27, 2025 – Deadline for applications.
June 2025 – Nancy Macharia begins terminal leave; Eveleen Mitei appointed acting CEO.
Late 2025 – Multiple petitions filed challenging the recruitment process.
January 29, 2026 – Mombasa court dismisses one Petition.
February 2, 2026 – New Petition filed in the Kiambu High Court.
February 3, 2026 – Court issues conservatory orders halting the recruitment.
February 5, 2026 – TSC files an urgent application seeking to lift the orders.
March 5, 2026 – Court issues directions and schedules ruling.
May 5, 2026 (expected) – Court expected to deliver ruling on the dispute.
Leadership of the TSC since its establishment
Several Secretaries and Chief Executive Officers have led the TSC since its establishment, each playing a key role in managing public school teaching workforce.
| No. | Secretary / CEO | Years |
|---|---|---|
| 1 | Joseph Mungai | 1967–1979 |
| 2 | Wilfred Karuga | 1979–1989 |
| 3 | David Kiilu | 1989–1998 |
| 4 | Gabriel Lengoiboni | 1998–2015 |
| 5 | Nancy Macharia | 2015–2025 |
| 6 | Eveleen Mitei (Acting) | 2025–Present |
By Joseph Mambili
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