The Supreme Court of Kenya has offered a temporary reprieve that has eased immediate pressure on the Teachers Service Commission (TSC) and restored hope for more than 44,000 Junior School (JSS) intern teachers whose jobs had been thrown into uncertainty following a Court of Appeal ruling.
While the decision has stabilized classrooms for now, it has also exposed deeper structural tensions within Kenya’s education system that remain unresolved.
At the centre of this legal and policy contest is the Teachers Service Commission, which had adopted an internship-based recruitment model to support staffing in Junior Schools under the Competency-Based Education (CBE) system.
The Court of Appeal had earlier ruled that this model was unconstitutional, creating immediate fears of mass disruption in schools and potential loss of income for thousands of teachers.
However, in a decisive intervention, the Supreme Court of Kenya issued interim orders suspending the implementation of that ruling. The bench, led by Chief Justice Martha Koome, directed that the status quo be maintained while the appeal filed by TSC is fully heard and determined.
A TEMPORARY COURT SHIELD, NOT A FINAL SOLUTION
The Supreme Court’s decision has effectively acted as a protective shield for both the education system and thousands of JSS teachers. Without it, schools could have faced sudden staffing gaps, while interns risked abrupt termination of their contracts.
For now, teaching and learning in Junior Schools continues without disruption. However, the ruling is widely understood as temporary relief rather than a final resolution. The underlying legal questions about internship-based employment remain unresolved, meaning uncertainty still lingers beneath the surface.
THE DAILY REALITY OF JSS TEACHERS
Behind the legal proceedings lies a more human story. JSS teachers continue to shoulder full teaching responsibilities under the CBE curriculum, handling lesson delivery, assessments, and classroom management. Despite this workload, many remain on internship or contract terms that do not guarantee long-term security.
This mismatch between responsibility and employment status has become one of the central tensions in the education sector. Teachers are effectively performing permanent roles under temporary conditions, creating anxiety about their professional future.
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For many, the issue is no longer just about salaries but about stability, dignity, and recognition in a system that depends heavily on their labour.
UNIONS RAISE STRONG CONCERNS
Teacher unions have welcomed the court reprieve but caution that it does not address the root problem. They argue that Kenya has increasingly relied on internship programmes as a structural solution rather than a transitional tool.
Their key concerns include:
Lack of permanent and pensionable terms for qualified JSS teachers
Overreliance on interns to fill critical staffing gaps
Inconsistent salary structures that do not reflect workload
Absence of a clear career progression pathway
Growing emotional and financial stress among teachers
Unions maintain that while court decisions may temporarily stabilize the system, only policy reform can resolve the long-term crisis.
THE QUESTION OF WHO PAYS TEACHERS
Beyond employment terms, another recurring question continues to shape the debate: who is responsible for ensuring teachers are paid consistently?
In Kenya’s system, responsibility is distributed across several institutions:
The Teachers Service Commission acts as the employer, handling recruitment and payroll processing
The National Treasury releases funds required for salaries and allowances
Parliament approves the national budget that determines overall education funding
This fragmented structure often leads to delays, funding gaps, or policy bottlenecks. As a result, teachers frequently find themselves caught between institutions rather than dealing with a single accountable authority.
CBE IMPLEMENTATION HAS INTENSIFIED PRESSURE
The rollout of Competency-Based Education has significantly increased demand for teachers, especially in Junior Schools. The curriculum requires more individualized attention, continuous assessment, and subject specialization.
While this reform aims to improve learning outcomes, it has also exposed staffing shortages. Internship programmes were introduced as a quick response to this demand, but they have since evolved into a long-term staffing mechanism—raising concerns about sustainability and fairness.
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A SYSTEM UNDER STRAIN BUT STILL FUNCTIONING
Despite these challenges, the education system has continued to function. Schools remain open, learners are in classrooms, and JSS teachers continue to deliver instruction under demanding conditions.
However, this stability is fragile. It depends on temporary court orders, strained funding systems, and teachers who remain uncertain about their long-term status.
WHAT UNIONS ARE DEMANDING NEXT
Teacher unions are now pushing for structural reforms that go beyond court outcomes. Their position is increasingly focused on long-term stability rather than temporary protection.
Key demands include:
Conversion of all qualified JSS interns into permanent and pensionable teachers
Clear staffing policies aligned with CBE requirements
Sustainable funding agreements between TSC and the Treasury
Reduction of overreliance on internship recruitment models
Strengthened dialogue between government and teacher representatives
They warn that without these reforms, Kenya risks repeated cycles of legal battles and industrial tension.
THE ROAD AHEAD: COURT CASES VS POLICY REALITY
The Supreme Court will eventually determine the legality of the internship framework, a ruling that could reshape teacher recruitment in Kenya. However, stakeholders increasingly agree that legal outcomes alone will not resolve the broader crisis.
Even if the court upholds or overturns the model, the system will still need to address funding gaps, staffing shortages, and employment insecurity.
TEMPORARY RELIEF, PERMANENT QUESTIONS
The Supreme Court reprieve has offered immediate stability and prevented disruption in Junior Schools. It has given teachers a sense of short-term relief and allowed the education system to continue functioning without shock.
However, beneath this relief lies a persistent reality: the JSS teaching workforce remains caught between legal uncertainty, funding constraints, and evolving education reforms.
Unions continue to demand structural change, the government defends its policy choices within fiscal limits, and courts remain at the centre of disputes that are fundamentally about governance and resource allocation.
Until these issues are addressed holistically, the tension between stability and insecurity will continue to define Kenya’s Junior School education landscape.
By Hillary Muhalya
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