Court lifts orders stopping recruitment of teachers in four counties, cites no discrimination evidence

The Employment and Labour Relations Court has lifted the orders stopping recruitment of teachers for senior secondary schools in Garissa, Wajir, Mandera, and Lamu counties, citing no evidence of discrimination in the whole process.

The court in a ruling on January 28, issued a conservatory orders suspending the exercise advertised by the Teachers Service Commission (TSC) in November 2025 was given after a petition filed by three educators who claim they are being unfairly edged out of their jobs.(Education News Kenya — https://educationnews.co.ke/news/court-lifts-orders-stopping-recruitment-of-teachers-in-four-counties-cites-no-discrimination-evidence)

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 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.

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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.

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.

By Juma Ndigo