The legal battle that is ongoing over the recruitment of a new Teachers Service Commission (TSC) Chief Executive Officer continues to unfold at the Employment and Labour Relations Court (ELRC) in Mombasa, with two separate petitions raising nearly identical constitutional questions about the process.
In the lead case, ELRCPET/E015/2025, filed by Thomas Mosomi Oyugi, the court, on October 28, 2025, dismissed an application by an intended interested party seeking to join the proceedings, but granted leave to appeal the decision.
Justice Ocharo Kebira also extended interim orders barring any further action on the recruitment pending the next ruling scheduled for December 11, 2025.
“The court has acted prudently by balancing the rights of all parties,” said one observer outside the courtroom.
“Extending the interim orders ensures that no irreversible decisions are made before the legal questions are settled.”
Ondati Mogaka, the 1st Intended Interested Party, had sought to join the case and later requested a stay of proceedings pending an appeal.
Justice Kebira though ruled that the matter would proceed fairly without prejudice to any party.
This move, lawyers say, sets a precedent for how similar cases will be handled.
“We respect the court’s ruling, but we will be pursuing all legal avenues available,” Mr Mogaka stated after the session.
“We aim to ensure fairness and transparency in a process that affects the entire teaching profession.”
In contrast, ELRCPET/E022/2025, filed by Peter Kibelesi Kukobo, was mentioned before the same court on October 8, 2025.
The petitioner, represented by Kamenju, informed the court that he had only received the respondents’ pleadings that morning at 10.01am, contrary to previous court directions.
“The delay in serving us is a violation of procedure,” Kamenju told reporters after the mention.
“We cannot adequately advise our client or proceed without reviewing the documents in full.”
Justice Kebira noted that the petition raised issues similar to those in the Mosomi Oyugi case, which challenges the constitutionality of Section 16(2) of the TSC Act — the provision governing the appointment of the Commission’s Secretary and CEO.
Consequently, the court ordered that Kibelesi Kukobo’s petition be mentioned again on December 11, 2025, the exact date set for the main case’s next ruling.
“It’s now clear that both petitions are intertwined,” said Ms Akama, representing one of the respondents.
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“The court’s decision to synchronise the timelines ensures consistency and avoids conflicting rulings.”
The petitioners pointed out that the recruitment process and the cited section of the law violate constitutional principles of equality, fairness, and transparency.
The Mosomi petition, in particular, claims that recruitment favours a specific group of professionals within the teaching sector, contrary to the values of inclusivity and merit-based appointments.
“This case isn’t just about a job — it’s about constitutional integrity,” said Miyawa, counsel for the petitioner.
“We’re asking the court to protect the spirit of fair competition and leadership accountability.”
Meanwhile, the TSC and the National Assembly, through their respective counsel, Anyuor and Omondi, have defended the process as legal and constitutional.
“The Commission acted within the law,” Anyuor said. “All applicants were treated equally, and the qualifications are aligned with the statutory requirements of the TSC Act.”
By Joseph Mambili
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