The Labour Relations Court in Mombasa has indefinitely halted the Teachers Service Commission’s (TSC) recruitment process for its next Secretary and Chief Executive Officer, following a petition challenging the legality and constitutionality of the process.

Presiding over the matter on May 26, 2025, Justice Ocharo Kebira issued an order in response to an urgent application filed by Thomas Mosomi Oyugi.

The judge directed that the petitioner’s notice of motion, dated May 25, be treated as urgent and served on all respondents by close of business on May 27, 2025.

The court further directed the TSC (first respondent), the National Assembly (second respondent), the Cabinet Secretary for Education (third respondent), and the Attorney-General (fourth respondent) to file and serve their responses to both the petition and the application within seven days from May 27, 2025.

Wrong procedure

“Upon reading the application, the grounds upon which it is premised, and the affidavit in support thereof, it is hereby ordered: that the application is certified urgent. That the application be served forthwith on the Respondents… that the status quo that shall obtain on 27th May 2025, 5:10 pm, as regards the impugned process, shall be maintained until further orders of this Court. That the application be heard inter partes on 9th June 2025,” Justice Kebira said in his ruling. 

Oyugi had challenged the recruitment process, arguing that the TSC initiated the hiring process without declaring a vacancy, rendering the advertisement unconstitutional and the entire process null and void.

The controversial job posting was published on May 6, 2025, inviting interested applicants to submit applications by May 27, 2025, at 5:00 pm — a 21-day window that the petitioner described as unjustifiably short.

Oyugi contended that Section 16(2) of the TSC Act, which outlines the qualifications for the position, is itself unconstitutional.  

The section requires that a candidate must be a Kenyan citizen, hold a degree in education from a recognised university in Kenya, have at least ten years of experience in education or public administration, and meet the requirements of Chapter Six of the Constitution.

In his submission, the petitioner claimed that restricting the qualification to only those with education degrees unfairly discriminates against other qualified professionals, in violation of constitutional provisions on equality, non-discrimination, and fair access to public office.

“The academic qualifications and experience requirements are not only illogical but appear deliberately crafted to favour a narrow class of insiders—teachers and TSC staff,” Oyugi argued.  

“It is inconceivable that an independent constitutional commission can violate the very principles it is mandated to uphold, by undertaking a partisan and discriminatory recruitment process.”

He further questioned the logic of requiring experience in fields such as human resource and financial management, while simultaneously mandating a teaching degree — professions that are separately regulated and require distinct qualifications under the Human Resource Management Professionals Act and the Accountants Act.