Fresh petition threatens to delay TSC CEO recruitment for the third time

The recruitment of a substantive chief executive officer for the Teachers Service Commission (TSC) faces another legal challenge. A fresh court petition questions the legality of the current hiring process.

The petition, filed by Evans Morara Nyangongo at the Employment and Labour Relations Court in Kisii, seeks to stop the commission from proceeding with applications, shortlisting, interviews, selection and appointment of its next secretary and chief executive officer.

Nyangongo is challenging the validity of the recruitment advertisement published on September 29, 2026. He argues that it was not properly authorised and that the commission did not formally cancel an earlier advertisement issued in May 2025.

The petition alleges that the advertisements lacked the required approval and signatures of the TSC chairman. He also questions whether the commission passed a formal resolution authorising the latest recruitment.

The court has not yet determined the claims, and it is unclear whether it will issue orders suspending the process. The petition was filed as TSC set October 30, 2026, as the deadline for applications for the position.

The latest dispute is the third major legal challenge to affect the search for a substantive head of the teachers' employer since the process began last year.

In September 2026, the High Court ordered TSC to restart the recruitment after declaring the first exercise unlawful. The court found that the May 2025 advertisement gave applicants only 13 days to apply, short of the 14-day minimum under the commission's recruitment guidelines. It also faulted the failure to disclose the proposed pay in the earlier advertisement, ruling that the process had not followed the commission's procedures. The court upheld the requirement that applicants must hold a degree in education and have at least 10 years of relevant experience.

An earlier petition challenging the constitutionality of the qualifications for the position was dismissed in January 2026, which allowed the recruitment to proceed until later proceedings forced a fresh exercise.

The position fell vacant in June 2025 when former chief executive Nancy Macharia's term ended. Evaleen Mitei has since served in an acting capacity. The commission has yet to appoint a substantive successor.

The new CEO will oversee an institution responsible for managing more than 400,000 teachers, including recruitment, deployment, discipline and professional development.