Fresh petition could stall TSC CEO recruitment

TSC is seeking a substantive replacement for former chief executive Nancy Macharia, who left office in June 2025. [File, Standard]

The hiring of a new Teachers Service Commission (TSC) boss could for the third time suffer a setback after a fresh petition was filed seeking to stop the recruitment process over alleged irregularities.

The petition, filed at the Employment and Labour Relations Court in Kisii by Evans Morara Nyangongo, challenges the legality of the September 29, 2026, advertisement, arguing that the commission did not properly authorise it and did not formally cancel an earlier advertisement issued in May last year.

Nyangongo wants the court to suspend applications, shortlisting, interviews, selection and appointment of the next TSC Secretary and Chief Executive Officer pending the hearing and determination of the case.

The latest legal challenge comes after two previous court decisions disrupted the recruitment process, forcing the commission to navigate competing legal claims as it seeks a substantive replacement for former chief executive Nancy Macharia, who left office in June 2025.

In January this year, the High Court in Mombasa dismissed a petition by Thomas Mosomi Oyugi challenging the constitutionality of the academic qualifications required for the position, allowing the commission to proceed with the recruitment.

However, on September 17, the High Court in Kiambu quashed the recruitment process initiated in May 2025 and ordered the commission to re-advertise the position after finding that the exercise had violated its own recruitment guidelines.

Justice Francis Nyungu Kyambia found that the advertisement published on May 6, 2025, gave applicants only 13 days to apply, against the minimum 14 days required under the commission’s Human Resource Policies and Procedures Manual.

The court also faulted the failure to disclose the proposed remuneration in the advertisement, declaring the recruitment process unlawful and directing TSC to conduct a fresh exercise in accordance with the Constitution, the law and its internal procedures.

But in the latest petition, Nyangongo questions the legality of the fresh advertisement, arguing that the commission has not demonstrated that the new recruitment was properly authorised.

"The advertisements issued on May 6, 2025, and September 29, 2026, are not duly signed by the Chairman of the Teachers Service Commission thus lacks authenticity.” the court document reads.

He further alleges that the advertisements were not sanctioned by a resolution of the Teachers Service Commission and that the September notice did not revoke or cancel the initial advert dated 06th May 2025.

The petitioner argues that the differences between the two advertisements have created ambiguity over the recruitment process, raising questions about the legal basis on which the commission is seeking to fill the position.

He also challenges the authority of the TSC chairman to publish the advertisements on behalf of the commission, claiming that the chairman usurped the statutory mandate of the commission’s secretary to execute its decisions.

Nyangongo further questions the use of what he describes as the chairman’s personal and unofficial email address to publish the advertisements, instead of the commission’s official communication channels.

The petition also places acting chief executive Evaleen Mitei at the centre of the dispute, with the claimant alleging that her position presents a potential conflict of interest if she intends to apply for the substantive position.

“The 3rd Respondent conflicts in discharge of statutory public duty as the current acting Secretary of the 2nd Respondent with her private interest as a candidate for recruitment following the advert dated 29th September 2026,” the petition states.

Nyangongo argues that, in her acting capacity, Mitei has access to commission resolutions and communications relating to the recruitment and appointment of the substantive secretary.

He claims that this access could place her in a position where her official responsibilities overlap with her personal interest in the recruitment. The allegation has not been established by a court.

The claimant also disputes the jurisdiction of the High Court in Kiambu to revoke the earlier advertisement, arguing that the court lacked authority to interfere with the recruitment notice through its September 17 ruling.

The Kiambu court had, however, already delivered its judgment directing TSC to restart the recruitment after finding that the initial process did not comply with the commission’s procedures.

In the latest application, Nyangongo argues that the issues raised transcend his personal interests, describing them as matters of “great public and national interest.”

He wants the Kisii court to certify the application as urgent and issue conservatory orders stopping the recruitment process pending an inter partes hearing and determination of the claim.

The commission advertised the position afresh on September 29, setting October 30, 2026, as the deadline for applications.