A court has suspended the recruitment of senior school teachers in four counties following a petition by three tutors who claim they are being unfairly subjected to a fresh hiring process for positions they already occupy.
In an interim order, the Employment and Labour Relations Court on January 28, 2025, halted the recruitment exercise in Garissa, Wajir, Mandera, and Lamu counties by the Teachers Service Commission (TSC) pending the hearing of the case.
The recruitment targeted 2,082 positions that TSC described as “attrition vacancies” in senior secondary schools and was advertised in November 2025.
The petitioners told the court they have been serving in the four counties classified as hardship and volatile areas on fixed-term contracts and had expected to be absorbed on permanent and pensionable terms. Instead, they were required to reapply for the same jobs, a move they argue is discriminatory.
They contrasted their situation with that of Junior Secondary School (JSS) interns, who are being confirmed into permanent positions without undergoing a fresh recruitment process.
Hiring of senior school teachers in Garissa, Wajir, Mandera and Lamu stopped
In issuing the conservatory order, the court said:
“That pending the hearing of this Application, this Honourable Court is pleased to issue an interim conservatory order staying the recruitment process advertised by the Respondent vide the advertisement titled…”
The court directed advocate Charles Mwalimu to serve the application on TSC, which has been given seven days to file its response. The case is scheduled for hearing on February 9.
One of the petitioners, Titus Kyalo Kilonzo, argued that the differing treatment between senior school contract teachers and JSS interns violates constitutional guarantees on equality.
“It is within public knowledge that the Respondent has simultaneously been confirming Junior Secondary School (JSS) interns to permanent terms to ensure continuity, while subjecting the Petitioners, who serve in hardship zones, to fresh recruitment for their own jobs. This differential treatment violates Article 27 of the constitution (Freedom from Discrimination),” he said.
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Kilonzo told the court that he was appointed as a Secondary Teacher II (Grade C2) in June 2023 on a three-year contract and posted to Modogashe Secondary School in Garissa County, where he teaches English and Literature. He said he has continued to serve in the position to date.
His co-petitioners were similarly employed between 2020 and 2023 and deployed to schools in Garissa, Wajir, Mandera and Lamu counties on contract terms.
According to Kilonzo, TSC advertisement listed a vacancy in Garissa County that mirrors his current post. “I am the current holder of this position. There are no vacancies at the station due to natural attrition, retirement, or death. The ‘vacancy’ is an artificial creation designed to unlawfully terminate my services by replacing me with a new recruit,” he said.
The teachers further alleged that the practice constitutes “constructive dismissal by re-advertisement,” arguing that the pattern has been replicated across the region and affects other contract teachers. In their petition, they urged the court to intervene to prevent what they termed an unjust outcome.
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The suspension comes after TSC resumed a nationwide recruitment exercise to replace 9,159 teachers across primary, junior and senior schools.
The Commission began inviting shortlisted applicants to interviews via text messages after the application portal closed on December 8, following the November advertisement of the vacancies.
According to the advertisement, the vacancies include 7,065 posts for primary schools, 12 posts for junior schools, and 2,082 posts for secondary schools. TSC said the positions are on permanent and pensionable terms and are intended to replace teachers who exited the service through natural attrition.
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The recruitment targets teachers registered with TSC, with minimum qualifications of a P1 certificate for primary school teachers and at least a Diploma in Education for junior and senior school teachers.
The replacement exercise has reopened employment opportunities for P1 teachers who have gone without a mass recruitment drive for nearly three years.
It has also created a pathway for junior school intern teachers seeking confirmation to permanent and pensionable terms. Under the scoring guidelines, the Commission has allocated 50 marks to candidates who have previously served as interns.
At the same time, priority will be given to local teachers, with preference given in the order of Sub-county, County, and Region, as outlined in the recruitment score sheet.
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