The search for a new CEO for the Teachers Service Commission has hit a roadblock after the Employment and Labour Relations halted the process following a petition.
On the evening of Monday, May 26, Justice Ocharo Kebira of the Employment and Labour Relations court in Mombasa issued interim orders following a petition by a Mombasa resident challenging the legality and constitutionality of the ongoing process.
In the petition, the petitioner argued that the entire recruitment process was rigged with constitutional violations as well as discriminatory criteria.
"The status quo that shall obtain on May 27, 2025, at 5:10 PM, as regards the impugned process, shall be maintained till further orders of this court," Justice Kebira ruled.
In her ruling, Lady Justice further directed that the Teachers Service Commission, the National Assembly, the Attorney General, and Education Cabinet Secretary Julius Ogamba all be served with the court documents, as they are named as respondents in the lawsuit.
Earlier in May, the TSC advertised the positions of Secretary and Chief Executive Officer (CEO) in a move which signified the end of incumbent CEO Nancy Macharia's tenure, which is set to run out on June 30, 2025.
In the notice, TSC urged Kenyans with a background in education and management to submit applications by May 27.
But the Mombasa-based petitioner quickly sprang to quell the recruitment process, arguing that proceeding with a job advertisement without a formal vacancy declaration meant the TSC was recruiting for a non-existent position.
The petition also challenged Section 16(2), which outlines the specifications for any candidate applying for the position of CEO.
While the TSC's advertisement called on candidates to possess a degree and 10 years of experience in education, the petitioner argued that these requirements were thoroughly restrictive and excluded qualified professionals from other sectors.
The petitioners argued that the commission's demand for experience in public administration, human resources and financial management, yet limiting the degree qualifications to only education, did not make sense.
Questions were also raised about the 21-day application window, with the petitioner arguing that it was discriminatory and inadequate, considering the diversity and different living situations in the country.
