Teachers Service Commission, (TSC) hiring of the new Secretary and Chief Executive Officer has been marred with uncertainties after Employment and Labour Relations Court in Mombasa yesterday, issued a temporary order stopping the recruitment process, pending the hearing of a case filed by Thomas Mosomi Oyugi against the Teachers Service Commission (TSC) and the National Assembly.
Justice Ocharo Kebira further directed the TSC and the National Assembly to file and serve their responses to both the petition and the accompanying application within seven days from May 27, 2025.
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In a suit filed by his lawyer Dr. Maxwel Miyawa, Oyugi alleges that the recruitment process is marred by constitutional violation and discrimination criteria.
The court order comes after TSC placed an advertisement, calling for applications for the position of Secretary/Chief Executive Officer to replace Nancy Macharia whose term expire in June this year.
The lawyer argues that placing an advertisement without occurrence of a vacancy or declaration of a vacancy, was unconstitutional since it amounted to recruitment for a nonexistent position. In this case TSC didn’t without declaration of a vacancy.
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Additionally, Miyawa cited advertisement placed a window of only 21 days upon which the applications were to be received. “Interested and qualified candidates were required to submit their applications online through the provided online application portal or hand delivered in Nairobi not later than Tuesday, 27th May 2025 at 5.00pm,” read part of the court statement.
Miyawa added that restricting the qualification to a degree in education from a university recognized in Kenya is discriminatory contrary
“It is impractical to place a restriction on academic qualification to that of a degree in education, and tie that to experience in human resource or financial management considering the two professions are highly regulated practices with distinct qualifications under the Human Resource Management Professionals Act and the Accountants Act, respectively,” he noted
Miyawa admitted that it is only at the TSC that a teacher may exercise, albeit illegally, human resource functions.
“It is inconceivable that the TSC, an independent constitutional commission charged with the object under Article 249 (1) of the Constitution to protect the sovereignty of the people, secure the observance by all State organs of democratic values and principles; and promote constitutionalism, can in utter violation of the Constitution, mischievously engage in a partisan and discriminatory recruitment process of its Chief Executive Officer,” he said.
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The lawyer also said that the set application period of Twenty-One (21) days is grossly inadequate considering the diverse nature of the geography of Kenya.
He noted that the method of application delivery contravenes the freedom of choice and the principle of affording equal opportunities for appointment as is required under Article 232 (1) (i) of the Constitution.
He argued that considering the crucial state of TSC Secretary/CEO position at the helm of the commission, and the urge that the case is of public interest; all due process is ought to be followed in filling in the position.
”Under section 16(6) of the Teachers Service Commission Act, the Secretary is the head of the secretariat, the accounting officer of the Commission, the custodian of all records of the Commission; and responsible for— executing decisions of the Commission, assigning duties to and supervising the staff of the Commission, facilitating, coordinating and ensuring the execution of the Commission’s mandate, ensuring staff compliance with public ethics and values, the proper and diligent implementation of Part IV of this Act; and the performance of such other duties as may be assigned by the Commission under this Act or any other written law,” reads part of the application.
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Therefore the lawyer said that it is mischievous to commence the recruitment for the position despite the findings of the Presidential Working Party on Education Reform that noted that governance practices at the Commission fell short of the principles of good corporate governance.
“Therefore, the threat to the entire fortification of constitutionalism including enforcement of fundamental values and principles of governance is apparent, and thus, there is an urgent need to apprehend the risks and harms that may be caused by proceeding with the recruitment exercise,” he admitted.
By Brian Ndigo
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