- The High Court has quashed the TSC’s ongoing CEO recruitment process, citing procedural irregularities in the 2025 advertisement.
- Justice Kyambia has ordered the Commission to re-advertise the position with a minimum 14-day application window and transparent salary disclosure.
- Evaleen Mitei has continued serving as acting CEO following Dr Nancy Macharia’s departure, pending the fresh recruitment process.
The High Court in Kiambu has quashed the ongoing recruitment process for the Secretary and Chief Executive Officer of the Teachers Service Commission (TSC), citing procedural irregularities in the 2025 advertisement and subsequent recruitment process.
However, the court upheld the constitutional validity of the statutory requirement that candidates for the position hold a degree in education and have at least 10 years’ experience in the education sector.
In a judgment delivered on September 17, 2026, Justice Francis Nyungu Kyambia directed the TSC to re-advertise the position and conduct a fresh recruitment process in compliance with the Constitution and principles of fair administrative action.
The decision followed a petition filed by Simon Kariu Kimaita, which challenged both the recruitment process and the statutory qualifications for the TSC chief executive position.
Justice Kyambia found that the TSC’s vacancy advertisement, published on May 6, 2025, gave prospective applicants only 13 days to submit their applications, with the deadline set for May 19.
The court noted that the Commission’s Human Resource Manual requires a minimum application period of 14 days.
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The advertisement also failed to disclose the proposed salary and benefits attached to the post, breaching transparency requirements under Article 47 and the TSC’s internal guidelines.
The High Court directed the TSC to re-advertise the vacancy afresh without undue delay. The new recruitment exercise must strictly adhere to a minimum 14-day application window, transparently state the remuneration package, and comply fully with constitutional standards of fair administrative action.
The court declined to set a rigid timeline or order specific appointments, allowing the Commission administrative autonomy to restart the process lawfully. Each party was ordered to bear their own costs.
Evaleen Mitei is the acting CEO of the Commission and has been running the Commission in that interim role following the departure of Dr Nancy Macharia.
By Obegi Malack
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