The Teachers Service Commission (TSC) is under fire from lawmakers over its failure to employ tutors who have attained the age of 45.

 While contributing to a request for a statement by Soy MP David Kiplagat, the MPs demanded that TSC appear before the Education Committee and shed light as to why it has taken long for the teachers to be employed.

 Led by Kiplagat, the MPs said even if it is two years to retirement, TSC should be able to employ all teachers as they are trained.

 Said Kiplagat: “Honourable Speaker, it is against this background that I request for a statement from the Chairperson of the Departmental Committee on Education on the following, a report on the number of registered teachers above 45 years who are currently not employed by TSC, indicating their year of graduation, year of registration and current ages and distribution countrywide.

Added: “A report on the number of teachers aged above 45 years that were absorbed by TSC in the recent recruitment, specifying the distribution; efforts being made to implement affirmative action to address the plight of teachers aged above 45 years; and plans being put in place by the TSC to adjust the current recruitment framework, with the aim of discouraging prolonged delays in employment and late entry into the profession.”

Inviting TSC

To this end the Education committee chairperson and Tinderet MP Julius Melly said they will be inviting TSC to appear before them to ensure that they get to the bottom of the matter.

 He said: “This issue has been seized a lot by the committee of education, noting that a number of teachers because of the 45-age rule have failed to be employed. The teacher needs to be employed even if it is for two weeks.”

 The request for statement comes just days after the commission was taken to task over the recent promotions of 151,611.

 The MPs claimed that TSC promoted teachers who scored 80 percent in the interviews at the expense of those who scored 100 percent.

 In parliament, Kiplagat regretted that despite the Employment and Labour Relations Court in 2019 ruling that the age cap of 45 years imposed by TSC for recruitment of teachers was unconstitutional and discriminatory, as it violated the right to non-discrimination and denied deserving teachers the opportunity to serve for the remaining years until the retirement age of 60 and ordered TSC to employ teachers above 45 years without age limitation, the commission was yet to adhere to the said orders.

 He regretted that despite the court ruling many trained, registered, and qualified teachers aged 45 and above continue to be discriminated against in recruitment.

 He said: “This group of teachers have been continuously applying for jobs, meeting all recruitment requirements but are still overlooked in hiring processes. This happens despite Kenya facing a severe shortage of teachers, with over 110,000 vacancies reported in 2023, including a deficit of 72,422 teachers in junior secondary schools alone, yet, more than 350,000 qualified teachers remain unemployed, a significant number being above 45 years.”

He added: “Their exclusion from recruitment drives has fostered despair and disillusionment, calling for affirmative action by the TSC to offer them employment opportunities before they reach the mandatory retirement age of 60.”