The Teachers Service Commission (TSC) has sounded an alarm over the fate of more than 43,000 intern teachers following a Court of Appeal ruling that declared the internship programme unconstitutional. The Commission warned that the decision could disrupt learning across the country unless urgent measures are taken to secure additional funding.
Appearing before the National Assembly’s Education Committee, TSC officials explained that the February 27 ruling leaves them with only two options: terminate the contracts of all interns or absorb them into permanent and pensionable positions. Both scenarios carry heavy implications for the education sector and the national budget.
Cavin Anyuor, Director of Legal Services at TSC, told MPs that the court found the programme discriminatory, since trained and registered teachers were being hired as interns at lower pay compared to their permanently employed counterparts. “It is true that on February 27, the Court of Appeal declared the internship programme illegal and unconstitutional,” he said, noting that the Commission is now consulting widely on the way forward.
The ruling upheld an earlier decision by the Employment and Labour Relations Court, which had faulted TSC’s recruitment policy. Judges specifically cited Circular TSC/DS/RECRUIT/ADVER/18A/VOL II dated January 4, 2023, and subsequent internship contracts as contravening constitutional provisions.
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Committee Chair Julius Melly confirmed that discussions are ongoing with TSC acting CEO Evaleen Mitei to explore solutions. He urged the Commission to prioritize retaining the interns in classrooms, stressing that their removal would worsen teacher shortages, particularly in rural and underserved areas. “The best thing you can do is to request National Treasury for additional funding to absorb the interns,” Melly advised.
Earlier in 2025, the government allocated KSh4.8 billion to recruit 20,000 intern teachers. Absorbing all 43,000 interns into permanent employment would require far greater resources, putting pressure on the Treasury at a time of competing budgetary demands.
TSC has already halted future recruitment under the internship programme, pending any possible appeal or reversal of the judgment. “There will be no future engagement of interns in Kenya unless the judgment is overturned,” Anyuor told the Committee.
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The internship programme was introduced to give graduates classroom experience and a pathway to permanent employment. For many teachers, it provided a rare opportunity to enter a profession with limited openings. Now, with the court ruling, thousands of teachers face uncertainty, and schools risk losing critical manpower.
By Masaki Enock
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