The Teachers Service Commission (TSC) is facing significant criticism from legislators regarding its failure to employ educators aged 45 and older. During a discussion prompted by a request for a statement from Soy Member of Parliament David Kiplagat, the legislators insisted that the TSC appear before the Education Committee to clarify the prolonged delay in the employment of these teachers.
Kiplagat, leading the charge, asserted that even if prospective hires are only two years away from retirement, the TSC should still be able to recruit all qualified teachers. He stated, “Honourable Speaker, in light of this situation, I request a statement from the Chairperson of the Departmental Committee on Education regarding the number of registered teachers over the age of 45 who are currently unemployed by the TSC. This report should include their year of graduation, year of registration, current ages, and geographical distribution across the country.”
He further requested a report detailing the number of teachers over 45 years of age who were included in the recent recruitment efforts, along with their distribution, the measures being implemented to promote affirmative action for this demographic, and the plans the TSC has to revise its current recruitment framework to prevent prolonged delays in employment and late entry into the profession.
In response, the Chairperson of the Education Committee and Tinderet MP Julius Melly indicated that they would invite the TSC to provide clarification on this issue. He remarked, “This matter has been a significant focus for the Education Committee, as many teachers have been unable to secure employment due to the 45-year age restriction. It is essential that teachers are employed, even if only for a brief period.”
This request for a statement follows recent scrutiny of the TSC regarding the promotion of 151,611 teachers. The MPs contended that the TSC favored candidates who achieved 80 percent in interviews over those who attained 100 percent.
In Parliament, Kiplagat expressed concern that the Employment and Labour Relations Court had ruled in 2019 that the TSC’s age limit of 45 years for teacher recruitment was unconstitutional and discriminatory, violating the principle of non-discrimination and denying qualified teachers the opportunity to serve until the retirement age of 60. The court had ordered the TSC to employ teachers over 45 years without imposing age restrictions; however, the commission has yet to comply with this ruling.
Kiplagat lamented that, despite the court’s decision, many trained, registered, and qualified teachers aged 45 and above continue to face discrimination in the recruitment process. He stated, “This group of teachers has persistently applied for positions, fulfilling all recruitment criteria, yet they remain overlooked. This is particularly concerning given Kenya’s acute teacher shortage, with over 110,000 vacancies reported in 2023, including a deficit of 72,422 teachers in junior secondary schools alone, while more than 350,000 qualified teachers remain unemployed, a substantial portion of whom are over 45 years old.”
He concluded by emphasizing that their exclusion from recruitment initiatives has led to feelings of despair and disillusionment, underscoring the need for the TSC to implement affirmative action to provide employment opportunities for these individuals before they reach the mandatory retirement age of 60.
