The High Court has quashed the Teachers Service Commission (TSC) recruitment process for its Secretary and Chief Executive Officer, ruling that the advertisement used to fill the position failed to comply with the law and the commission’s own recruitment procedures.
The court, however, upheld the statutory requirement that a person appointed to head TSC must hold a degree in education and have at least 10 years’ relevant experience.
The decision followed a petition by Simon Kariu Kimaita, who challenged both the qualifications prescribed for the position and the recruitment process launched by TSC in May 2025.
TSC, the National Assembly, the Cabinet Secretary for Education and the Attorney-General were named as respondents, while three teachers—Jane Namachi, Beatrice Achieng Ogallo and Lucas Odhiambo Ondiek—were later joined as interested parties.
In its 39-page judgment, the court rejected preliminary objections challenging the petition on various grounds.
One of the central questions was whether requiring an education degree unfairly excluded professionals from fields such as law, finance, human resources and public administration.
Kimaita had argued that the CEO’s responsibilities were largely administrative, financial and managerial and therefore did not necessarily require an education qualification.
The court disagreed, finding that TSC is a constitutional commission with a specific mandate to regulate the teaching profession. It held that requiring its chief executive to have an education background was connected to that mandate.
The court also found that the education degree and 10-year experience requirements contained in Section 16(2)(b) and (c) of the Teachers Service Commission Act were constitutional and remain in force.
However, the court found flaws in the recruitment advertisement published on May 6, 2025.
The advertisement opened on May 6 and closed on May 19, giving applicants 13 days to submit their applications. This was below the minimum 14-day period required under TSC’s Human Resource Policies and Procedures Manual.
"I find, as a fact, that the advertised application window was thirteen days. Neither the fourteen-day minimum nor the requirement to disclose proposed remuneration was observed," Justice Francis Nyungu ruled.
The court also found that TSC had not provided an adequate explanation for shortening the recruitment period and said the decision limited the opportunity for qualified Kenyans, including serving teachers, to apply.
The judge rejected an argument that the CEO vacancy was required to be gazetted before being advertised, finding that the gazettement requirement cited applied to vacancies for the chairperson and members of the commission, rather than the Secretary and CEO.
Claims of bias in the recruitment process and alleged discrimination against younger applicants were also rejected for lack of sufficient evidence.
The judge consequently declared the May 6, 2025 advertisement and the recruitment process arising from it unlawful and ordered TSC to re-advertise the position in accordance with the Constitution, the law and its own procedures.
Justice Nyungu further directed the commission to undertake the fresh advertisement without undue delay.
TSC advertised for the recruitment of a new CEO in April last year following the exit of Nancy Macharia after the expiry of her term.
The Commission then appointed Eveleen Mitei in an acting capacity pending the appointment of a substantive CEO.
The TSC advertised for the post in May last year, but the process was stopped following a suit in court by Kimaita, who challenged the criteria used to recruit the CEO.
The ruling effectively requires TSC to restart the recruitment process while retaining the existing statutory qualifications for the position.
Several senior education officials and former union officials were among those known to have expressed interest in the position during the recruitment process.
They include Antonina Lentoijoni and Wilson Sossion, who have since been appointed commissioners at TSC.
Other known applicants include Gabriel Mathenge, the commission’s Director of Operations; Cheptumo Ayabei, the Director of Finance; and Lillian Wachira, TSC Coast Regional Director, among others.
Evaleen Mitei, who has served as acting Secretary and CEO since June 2025 following the departure of Nancy Macharia, is also at the centre of the transition as the commission prepares for a fresh recruitment process in line with court directions.
