The Employment and Labour Relations Court in Mombasa has dismissed a petition challenging the recruitment process for the Teachers Service Commission (TSC) Chief Executive Officer, clearing the way for the Commission to proceed with the hiring.
In a ruling delivered on Thursday, January 29, Justice Ochara Kebira found that the petitioners had failed to establish sufficient legal grounds to justify continued court intervention in the recruitment of the head of the constitutional commission.
The decision lifts earlier legal hurdles that had temporarily stalled the process.
The petition was filed in May 2025 by Nyali-based petitioner Thomas Mosomi Oyugi, who questioned the legality and constitutionality of Section 16(2) of the Teachers Service Commission Act.
The provision requires candidates for the CEO position to hold a degree in education.
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Oyugi argued that the requirement was discriminatory and unfairly locked out qualified professionals from other relevant disciplines, including finance, human resources and public administration.
He described the criteria as “illogical and mischievously designed to favour one class of Kenyans,” particularly teachers and insiders within the Commission, and said it violated constitutional principles on equality, non-discrimination, fair competition and merit-based appointments in the public service.
The petitioner also faulted the Commission for advertising the position before the expiry of the term of the outgoing CEO, Nancy Macharia, whose second five-year term ended on June 30, 2025. He further raised concerns over the length of the application window.
However, the court dismissed the arguments, effectively allowing TSC to resume and complete the recruitment process for its next chief executive.