The Employment and Labour Relations Court (ELRC) in Mombasa has delivered a ruling on a petition challenging the recruitment of the Teachers Service Commission (TSC) Chief Executive Officer (CEO).
In a ruling on Thursday, January 29, the court dismissed the petition and cleared the way for the Commission to proceed with the process it had temporarily suspended.
The judge found that the petitioners had failed to establish sufficient legal grounds to warrant continued judicial intervention in the recruitment of the head of the constitutional commission. The ruling effectively lifts earlier legal obstacles that had stalled the hiring process.
Case challenging recruitment of TSC CEO
The petition filed by Nyali-based petitioner Thomas Mosomi Oyugi in May 2025 had questioned the legality and constitutionality of the criteria set out in Section 16(2) of the Teachers Service Commission Act, which requires that candidates for the CEO position must hold a degree in education.
Oyugi argued that the provision was discriminatory and unfairly excluded qualified professionals from other relevant fields, such as finance, human resources, and public administration.
He described the requirements as “illogical and mischievously designed to favour one class of Kenyans (teachers and insiders in the Commission)”, arguing that they violated several constitutional provisions, including those on equality, non-discrimination, fair competition, and merit-based public service appointments.
The petitioner had also faulted the Commission for advertising the position before the formal expiry of the term of the outgoing CEO, Dr. Nancy Macharia, whose second five-year term ended on June 30, 2025, and raised concerns over the length of the application window.
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At the time, Justice Ocharo Kebira certified the application as urgent and issued interim orders temporarily halting the recruitment process, citing the need for the court to interrogate the constitutional questions raised.
TSC in its submissions defended the recruitment process, maintaining that it was lawful, transparent, and conducted within the framework of the Constitution and the TSC Act.
The Commission argued that the court should not interfere with the internal operations of an independent constitutional body, insisting that requiring an education professional to lead the institution was both reasonable and constitutional.
Petition allowed to proceed to full trial
In November 2025, the court escalated the matter by allowing the petition to proceed to a full trial, consolidating it with a similar case and signalling that the questions raised required substantive judicial examination.
The ruling was initially scheduled for December 11, 2025, but was deferred after the trial judge was bereaved.
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Presided over on the day by Justice Monica Mbaru, the court rescheduled delivery of the verdict to January 29, 2026, when the court upheld TSC’s position, allowing the Commission to resume the recruitment process for its next CEO without further legal impediments.
The case prolonged leadership uncertainty at the Commission after Dr Macharia exited office on June 30, 2025, marking the end of her second five-year term.
Following Dr Macharia’s exit, Evaleen Jesang Mitei was appointed Acting Chief Executive Officer in June 2025, pending the conclusion of the recruitment process.
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