Kenya could face further delays in appointing a substantive TSC Secretary and CEO after a fresh petition was filed in Kisii seeking to stop the recruitment process.
The petition, filed by Evans Morara Nyangongo at the Employment and Labour Relations Court in Kisii, challenges the legality of the fresh recruitment advertisement issued on September 29, 2026. The petitioner seeks orders suspending applications, shortlisting, interviews, selection and appointment pending the hearing and determination of the case.
The dispute comes after more than a year without a substantive CEO following the departure of Nancy Macharia in June 2025. Ms Mitei has been serving in an acting capacity during the transition.
The prolonged uncertainty raises a question: why should the commission continue to face recruitment disruptions when an experienced acting chief executive is already familiar with its operations, institutional challenges and responsibilities? For Ms Mitei's supporters, the answer is to give her a fair opportunity to secure the substantive position, provided she meets the legal requirements and performs competitively in the recruitment exercise.
Ms Mitei's strongest argument is the experience she has gained leading the commission in an acting capacity. Running a national institution responsible for hundreds of thousands of teachers requires familiarity with public administration, human-resource management, financial accountability and the implementation of education policies. Her time at the helm offers the commission a chance to assess her leadership against the actual demands of the office.
In June 2026, teachers from the Nairobi Cosmopolitan Hub publicly called for Ms Mitei's confirmation. They credited her acting tenure with progress in teacher promotions, the transition of intern teachers to permanent and pensionable terms, implementation of the Collective Bargaining Agreement (CBA) and protection of TSC's institutional autonomy.
These claims should be assessed against independently verifiable evidence. Nevertheless, the teachers' support makes leadership continuity and performance an important part of the appointment discussion.
The commission should examine Ms Mitei's achievements, management decisions, stakeholder relations and ability to implement its mandate. Her experience is a relevant consideration, but it does not automatically entitle her to the position.
The TSC Secretary is the chief executive of the commission, head of its Secretariat and accounting officer. The office-holder is responsible for executing the commission's decisions, supervising staff, coordinating institutional functions and ensuring compliance with public-service ethics and values.
These responsibilities have direct consequences for teachers across Kenya. The substantive CEO must coordinate the administrative implementation of policies affecting teacher recruitment, deployment, transfers, promotions, discipline and professional standards. The office also carries financial responsibilities that demand accountability and compliance with public-finance laws.
A prolonged acting arrangement does not automatically stop these functions. However, an extended transition can create uncertainty about leadership continuity, long-term planning and the direction of institutional reforms.
A substantive appointment would establish a defined five-year term, renewable once, and give the successful candidate a clearer mandate to lead the Secretariat under the commission's oversight. Teachers therefore have a legitimate interest in seeing the recruitment concluded without avoidable delays.
The first recruitment exercise was disrupted by litigation and nullified by the High Court in Kiambu on September 17, 2026. The court found that the May 6, 2025 advertisement gave applicants only 13 days to apply, below the minimum 14-day period prescribed by TSC's recruitment guidelines. It also faulted the omission of proposed remuneration details.
TSC subsequently issued a fresh advertisement on September 29, setting October 30, 2026, at 5pm as the application deadline.
The Kisii petition questions the authorisation and handling of the new notice, among other matters. Mr Nyangongo alleges that the fresh advertisement was not properly authorised by a commission resolution. He also questions the handling of the earlier advertisement and raises concerns about the chairperson's authority and use of an allegedly unofficial email address.
The petitioner further raises a potential conflict-of-interest concern if Ms Mitei seeks the substantive position while serving as acting CEO. This remains an allegation, not an established finding of wrongdoing.
TSC should address such concerns through clear safeguards that ensure equal treatment of applicants and protect the integrity of the selection process. That would also protect Ms Mitei's right to compete fairly if she applies.
There is an understandable argument that the commission should confirm Ms Mitei and end the saga. However, direct confirmation without following the prescribed process could expose TSC to another challenge.
Article 250(12) of the Constitution and Section 16 of the TSC Act provide for the appointment of the Secretary through a competitive process. The statutory requirements include Kenyan citizenship, a recognised degree in education, at least 10 years of relevant experience and compliance with Chapter Six of the Constitution.
The September 17 judgment required a fresh recruitment exercise. It did not direct TSC to appoint Ms Mitei or any other individual.
The more defensible argument is that the commission should complete the recruitment efficiently and transparently, giving Ms Mitei a fair opportunity to compete on her record and qualifications. If she emerges as the most suitable candidate under the published criteria, the commission would have a sound basis for appointing her. If another candidate performs better under the same criteria, that outcome must also be respected. The objective should be to identify the most suitable leader, not to predetermine the winner.
How long could teachers wait if the Kisii petition succeeds?
The October 30 deadline marks the end of the application period, not the date on which a substantive CEO must take office. After applications close, TSC must assess submissions, shortlist eligible candidates, publish the shortlist and interview schedule, conduct interviews, evaluate candidates and complete the appointment formalities.
If the Kisii court allows the recruitment to proceed, these stages could continue in the weeks after the deadline, although the commission has not announced a confirmed appointment date.
If the court issues temporary orders stopping the exercise, the affected stages may remain suspended until the orders are varied or the relevant application is determined. Depending on the proceedings, the delay could extend by weeks or months. If the court finds a fundamental defect in the new advertisement, TSC could be required to correct it or repeat part or all of the exercise, depending on the judgment.
Teachers could therefore face a further wait of several months if litigation interrupts the process. However, no precise timeline can be guaranteed without knowing the court's directions and the time needed to complete the remaining stages.
Ms Mitei can continue to serve in an acting capacity during the transition, subject to applicable law and any relevant court orders. The acting appointment does not automatically become substantive simply because recruitment takes longer.
The debate should not be reduced to a contest between supporters of the acting CEO and those seeking another candidate. The real question is who can best lead TSC, implement its decisions, supervise its Secretariat, manage public resources responsibly and maintain the confidence of teachers and the public.
Ms Mitei's supporters have a legitimate basis for asking that her experience and record be considered seriously. Her familiarity with the institution could offer continuity during a period marked by litigation and administrative uncertainty. At the same time, her candidacy must be subjected to the same standards of integrity, qualifications, experience and competitive assessment as those of other applicants.
TSC must also learn from the previous recruitment failure. Advertisements must comply with the commission's guidelines, provide the required information and offer applicants the prescribed application period. Proper documentation of commission authorisation and transparent communication would reduce the risk of further procedural challenges.
A recruitment process that withstands legal scrutiny would serve Ms Mitei, other candidates, the commission and teachers whose professional lives are affected by its decisions.
The prolonged search for a substantive TSC Secretary and CEO is an institutional challenge that deserves urgent attention. Teachers need leadership continuity, and the commission needs a chief executive with the experience and authority to coordinate its administration over a defined term.
Ms Mitei's acting tenure allows the commission to assess her performance against the demands of the substantive office. Support from a section of teachers strengthens the case for taking her candidacy seriously, although public support alone cannot determine the appointment.
The Kisii petition introduces another possible delay, but it does not automatically invalidate the fresh recruitment or establish wrongdoing by the acting CEO. Its claims must be determined by the court, and any orders issued must be respected.
The commission should resist both unnecessary delays and shortcuts that could trigger another legal dispute. It should protect the integrity of the recruitment, provide equal opportunities to qualified applicants and conclude the exercise as quickly as the law permits.
If Ms Mitei demonstrates through a fair and competitive process that she is the most suitable candidate, her appointment would combine institutional experience with a substantive mandate. Teachers deserve a timely appointment, and the commission deserves an outcome that can withstand legal scrutiny.
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