A group of 39 Junior Secondary School (JSS) teachers has filed a constitutional petition challenging the government’s plan to place them under the supervision of primary school heads, arguing that the move undermines their professional status and violates their rights.
The petition, filed at the High Court in Nairobi, names Education Cabinet Secretary Julius Ogamba, the Teachers Service Commission (TSC), and Attorney-General Dorcas Oduor as respondents.
The teachers are seeking an immediate suspension of the policy pending public consultation and alignment with constitutional standards.
Representing over 70,000 educators nationwide, the 39 petitioners say the proposed administrative structure threatens career progression and contradicts the principles of the Competency-Based Curriculum (CBC). “Junior Secondary Schools cater to adolescents aged 12-15, whose psychosocial and academic needs differ significantly from those of younger learners,” the teachers argued.
ALSO READ;
KUPPET on the spot in Turkana as TACUSA accused of meddling in its affairs
The dispute is a result of the government’s push to operationalise Sessional Paper No. 1 of 2025, which outlines the framework for Comprehensive Schools. Under this model, primary school heads would oversee Early Years, Junior School, and support staff, a configuration that junior school teachers say is inappropriate given their training in secondary-level instruction.
President William Ruto had earlier directed CS Ogamba and Education Committee Chair Julius Melly on September 13 to fast-track education bills within 45 days to formalise the transition. If approved, the plan would also shift junior school teachers from the Kenya Union of Post Primary Education Teachers (KUPPET) back to the Kenya National Union of Teachers (KNUT).
The teachers argue that placing Grades 7-9 under managers without secondary teaching qualifications compromises the quality of education and violates Article 41 of the Constitution, which guarantees fair labour practices and professional recognition.
Litein Boys’ candidates back for KCSE after weeks of uncertainty
The controversy dates back to 2023, when Junior Secondary was temporarily merged with primary schools. The Presidential Working Party on Education Reforms (PWPER) later recommended integrating Early Childhood, primary, and junior secondary under one management structure though the Basic Education Act which is yet to be amended to reflect this.
In response, TSC Director of Staffing Antonina Lentoijoni last month announced that the commission is reviewing staffing standards to ease friction and align with PWPER’s recommendations.
The petitioners insist that any structural changes must respect their professional autonomy and be grounded in constitutional and academic integrity.
By Masaki Enock
You can also follow our social media pages on Twitter: Education News KE and Facebook: Education News Newspaper for timely updates.
>>> Click here to stay up-to-date with trending regional stories
>>> Click here to read more informed opinions on the country’s education landscape
