Judicial transfer draws attention amid ongoing TSC CEO dispute

The transfer of Kiambu High Court Judge Dorah Chepkwony from Kiambu to Murang’a has drawn attention within legal and education circles, coming at a time when the recruitment of the Teachers Service Commission (TSC) CEO remains stalled due to ongoing litigation.

Justice Chepkwony had issued conservatory orders on February 3, 2026, stopping the finalisation of the recruitment process pending the hearing and determination of a petition challenging the legal qualifications required for the position.

The case questions provisions of the TSC Act that limit eligibility for the CEO position to individuals holding a degree in education.

The petitioner argues that the requirement may be restrictive and inconsistent with constitutional principles, and has asked the court to determine whether qualified professionals from other disciplines can lawfully be considered for the role.

In granting the interim orders, Justice Chepkwony said the petition raised arguable constitutional issues that warranted preservation of the status quo.

The judge explained that the orders were provisional and intended only to ensure that the recruitment process did not proceed in a manner that could render the petition ineffective before the court hears both sides.

According to the judge, the court was satisfied at the preliminary stage that a prima facie case had been established and that the issues raised, including alleged discrimination and the interpretation of statutory requirements, fell within the constitutional jurisdiction of the High Court under Article 165(3)(d).

She also clarified that the matter before the court was not an ordinary employment dispute but a constitutional challenge to specific provisions of the law governing qualifications for the office.

“The orders issued were purely conservatory in nature and intended to preserve the subject matter of the petition pending an inter-partes hearing. They did not determine the issues raised,” the judge stated in a response explaining the basis of the decision.

The judge indicated that questions regarding jurisdiction, parallel proceedings or the propriety of the interim orders would be addressed after hearing all parties.

The petition had been scheduled for an inter-partes hearing on March 5, 2026, which the court said was the earliest available date based on its calendar and workload. The dispute has attracted public interest due to the strategic importance of the TSC CEO, who serves as the Secretary to the Commission and oversees the management, deployment and welfare of teachers in Kenya’s public education system.

The position also plays a central role in policy implementation, human resource management and coordination of reforms in the education sector. Following the court orders, the TSC chairman acknowledged that the recruitment process could not proceed until the matter is determined.

He wrote to the Chief Justice, expressing concern that repeated court cases had delayed the recruitment process. In the letter, he stated that the litigation had disrupted the Commission’s operations and sought guidance on the way forward.

In her response, the Chief Justice reaffirmed the principle of judicial independence, noting that judges exercise their authority without interference.

“Noting that the matter is currently pending before the High Court for determination, and being mindful of the constitutional principle of judicial independence, it would not be appropriate to delve into matters that are before a court of competent jurisdiction,” said the CJ.

However, she raised questions on the handling of the Kiambu matter, citing the existence of an earlier ruling delivered in Mombasa about a week earlier on issues related to the same recruitment process. In response, Justice Chepkwony noted that at the time the interim orders were granted, the court was not aware of any related proceedings elsewhere touching on the same subject matter, and had acted in good faith based solely on the material presented.

At the centre of the dispute is whether restricting eligibility to holders of education degrees aligns with constitutional provisions on non-discrimination and equal opportunity in public service.

The petitioner argues that while sector knowledge is important, the role of CEO is largely administrative and strategic, and could be performed by professionals with expertise in areas such as management, finance, law or public administration.

Before the court could proceed to the substantive hearing, Justice Chepkwony was transferred to Murang’a as part of a broader redeployment of judges across several stations.

Judicial transfers fall within the administrative framework of the Judiciary and are periodically undertaken to balance workloads, address staffing needs and improve access to justice in different regions.

The transfer occurred before a determination was made on the petition. Judicial transfers are within the administrative mandate of the Chief Justice.