TSC bars County Directors from making acting appointments, declares irregular roles ‘null and void’

TSC CEO Evaleen Mitei. The Commission has directed county directors to stop issuing unauthorised acting appointment letters.
  • County directors have been told they lack authority to appoint officers into substantive positions.
  • Existing irregular appointments must be reviewed immediately, with corrective action taken where necessary.
  • Vacancies requiring substantive appointments must instead be reported to TSC headquarters for competitive recruitment.

The Teachers Service Commission (TSC) has ordered county directors to immediately stop appointing officers to acting positions after raising concerns that some officials have been issuing appointment letters without authority.

In an internal memo dated August 18, 2026, Acting Commission Secretary and CEO Evaleen J. Mitei said the practice had particularly been observed in filling vacant Sub-County Director positions.

The Commission said Curriculum Support Officers (CSOs) and Sub-County Human Resource Officers had in some instances been assigned to undertake functions of the vacant offices.

“It has come to the attention of the Commission that some County Directors are issuing letters placing officers in acting capacities in vacant positions,” the memo states.

TSC stressed that appointments to established positions within its approved organisational structure remain the exclusive mandate of the Commission.

Such appointments, it said, can only be made through prescribed competitive recruitment, selection and appointment procedures.

“County Directors do not have authority to appoint officers to substantive positions, whether on acting, temporary, or any other basis,” TSC said.

The directive draws a distinction between temporarily assigning an officer duties to ensure continuity of service and formally appointing the officer to the vacant position.

TSC acknowledged that vacancies arising through retirement, resignation, transfer, promotion, death or other circumstances could create operational challenges requiring another officer to temporarily perform particular functions.

However, it maintained that such circumstances do not give county directors appointment powers.

“Such assignments shall not, under any circumstances, be construed as an appointment to the position,” the Commission said.

Existing appointments to be reviewed

County directors have consequently been directed to immediately discontinue issuing letters appointing officers to act in substantive positions.

Instead, any temporary arrangements must expressly communicate that an officer has only been assigned specific duties and responsibilities rather than appointed to the position.

“Ensure that any interim arrangements are communicated strictly as assignment of duties and responsibilities and not appointments to positions,” the Commission directed.

TSC has gone further by ordering county directors to review communications already issued concerning such appointments and take immediate corrective action wherever irregular appointments may have occurred.

This means existing acting arrangements established outside the prescribed framework could now face scrutiny and possible reversal.

County directors have also been instructed to promptly report all vacancies requiring substantive filling to TSC headquarters through established channels.

The Commission will then take the appropriate action required to fill the positions.

County directors must also strictly comply with TSC’s human resource policies, regulations and established governance procedures when managing vacancies.

The directive effectively centralises substantive appointment decisions at Commission headquarters while allowing county offices to make temporary assignments of duties where continuity of service requires them.

TSC warns of accountability

TSC warned officials that appointments made outside the established framework have no validity and could expose those responsible to administrative action.

“Any appointment made outside the established framework is null and void and may expose the officers concerned and the issuing authority to administrative accountability,” the memo states.

Mitei consequently demanded strict compliance from all county directors.

“Your personal attention to this matter is drawn, and strict compliance is required,” she said.

The directive was copied to the Director of Operations, Director of Human Resource Management and Development, Director of Legal, Labour and Industrial Relations and all TSC Regional Directors.

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The memo signals tighter oversight of appointments within TSC’s field administration and makes clear that temporary operational arrangements cannot be used to bypass the Commission’s competitive recruitment and appointment procedures.

By Joseph Mambili

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