The search to replace Nancy Macharia as the CEO of the Teachers Service Commission has taken a new twist after the Employment and Labour Relations Court in Mombasa issued orders temporarily halting the process pending the hearing of a case filed by Thomas Mosomi Oyugi against the Teachers Service Commission (TSC) and the National Assembly.
In a court document, Justice Ocharo Kebira certified Oyugi’s application as urgent.
“The Petitioner’s Notice of Motion dated 25th May 2025 has been placed before this Court for Orders under a certificate of urgency. Upon reading the application, the grounds upon which it is premised and the affidavit in support thereof,” read part of the court document.
The court 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.
The application is scheduled to be heard inter partes on June 9, 2025.
Court Halts Process of TSC CEO Recruitment
According to the petitioner, who is a resident in Nyali, the process is unconstitutional and discriminatory.
Oyugi asserts that the TSC placed an advertisement for the position of Secretary/CEO on May 6, 202514, and he contends that this advertisement was made without a prior declaration of a vacancy, rendering it unconstitutional recruitment for a non-existent position.
Also Read: Why TSC Promoted 5,291 Unqualified Teachers – Nancy Macharia
Another issue raised in the petition is Section 16(2) of the Teachers Service Commission Act, which sets the minimum qualifications for the position.
This section requires a candidate to be a Kenyan citizen, hold a degree in education from a university recognized in Kenya, have at least ten years’ experience in education, administration and management, public administration, human resource or financial management, and meet the requirements of Chapter Six of the Constitution.
Why Petitioner Wants Recruitment Stopped
He argues that Section 16(2) is unconstitutional, null, and void. Specifically, he claims that restricting the qualification to a degree in education is discriminatory and contrary to several constitutional provisions, including Articles 10(2)(b), 27, 73(1)(a)(i), 73(2)(a), 232(1)(g), 232(1)(h), 232(1)(i), and 249(1).
Furthermore, the petitioner describes the academic qualification and experience requirements as “illogical and mischievously designed to favour one class of Kenyans (teachers and insiders in the Commission).”
Also Read: Nancy Macharia Post as TSC CEO Declared Vacant
According to him, they highlight the impracticality of linking a degree in education to experience in highly regulated professions like human resource or financial management, noting that these fields have distinct qualifications under the Human Resource Management Professionals Act and the Accountants Act. He argues that it is only at the TSC that a teacher may exercise human resource functions “albeit illegally.”
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