Court Pauses Efforts to Replace TSC CEO Nancy Macharia

Court Pauses Efforts to Replace TSC CEO Nancy Macharia

The quest for a new leader at the Teachers Service Commission has encountered a significant hurdle, as the Employment and Labour Relations court has put the recruitment process on hold due to a legal challenge.

On the evening of Monday, May 26, Justice Ocharo Kebira of the Mombasa Employment and Labour Relations court issued temporary orders in response to a petition from a local resident contesting the legitimacy and fairness of the ongoing recruitment.

The petitioner claimed that the entire hiring process was tainted by constitutional breaches and biased criteria.

“The current state of affairs regarding the contested process shall remain unchanged until further notice from this court,” ruled Justice Kebira.

In her decision, the judge also mandated that the Teachers Service Commission, the National Assembly, the Attorney General, and Education Cabinet Secretary Julius Ogamba be served with the court documents, as they are named as parties in the case.

Earlier in May, the TSC announced openings for the positions of Secretary and Chief Executive Officer (CEO), signaling the impending end of Nancy Macharia’s tenure, which is set to conclude on June 30, 2025.

In the announcement, TSC encouraged individuals with backgrounds in education and management to apply by May 27.

However, the petitioner from Mombasa swiftly intervened, arguing that advertising for positions without a formal declaration of vacancy implied that the TSC was attempting to fill a role that didn’t actually exist.

The petition also contested Section 16(2), which details the qualifications for candidates vying for the CEO position.

While the TSC’s advertisement required applicants to hold a degree and have ten years of experience in the education sector, the petitioner contended that these criteria were overly restrictive, effectively shutting out qualified professionals from other fields.

Concerns were also raised regarding the commission’s stipulation for experience in public administration, human resources, and financial management, while limiting degree qualifications solely to education, which seemed illogical.

Additionally, the petitioner criticized the 21-day application period as discriminatory and insufficient, given the diverse circumstances and living conditions across the country.