The Teachers Service Commission (TSC) and the Ministry of Education have suspended plans to recruit 16,000 junior secondary school (JSS) intern teachers after a Court of Appeal ruled that the internship programme is unlawful. The ruling affects both new hiring and thousands of current intern teachers on TSC payroll.
Key Takeaways
- Court ruling: The Court of Appeal declared the TSC internship programme illegal for fully trained and registered teachers.
- Recruitment on hold: Plans to recruit 16,000 JSS intern teachers this year have been suspended.
- Current interns affected: About 44,000 junior school teachers are serving on internship terms, with potential legal and financial consequences.
- Financial questions: The Ministry is assessing budgetary implications before any absorption into permanent, pensionable terms.
TSC intern teachers: court ruling and immediate implications
The Court of Appeal found that the TSC policy of hiring fully trained and registered teachers on internship contracts is not lawful. The court said internship status is only applicable to trainee teachers, not those already certified and registered. As a result, the planned recruitment of 16,000 JSS intern teachers has been put on hold while the Ministry and TSC study the ruling’s legal and financial impact.
Background: how we reached this point
The internship programme was introduced to address teacher shortages created by the rollout of the Competency Based Curriculum (CBC) and the need for more junior school teachers. TSC had intended to start recruitment after the national budget in July, with hiring beginning in October and postings in January.
Currently, TSC employs about 44,000 junior school teachers on internship terms. In January 2025, the Commission employed 20,000 interns and later extended some contracts through December 2026. An additional 24,000 interns were employed and posted in January of the following cycle.
Numbers, contracts and payments
Key figures reported include:
- 16,000 recruits planned for this cycle — now suspended.
- 44,000 total JSS teachers currently serving as interns.
- 20,000 employed in January 2025, with contracts extended for another year.
- 24,000 additional interns posted this year.
- Many interns earn a monthly stipend of sh 20,000 (about sh 18,000 net after statutory deductions).
Some intern teachers have already petitioned the courts seeking compensation for the period they served under internship terms. A group of 35,505 intern teachers had previously sought court intervention to stop the programme and demand compensation.
Legal and financial considerations
Education Cabinet Secretary Julius Ogamba told senators the government is studying the ruling to determine its legal and financial implications. He warned the decision could carry significant budgetary cost if interns are to be absorbed as permanent and pensionable teachers.
Senators pushed for clarity on funding. Nandi Senator Samson Cherargei asked how the transition from intern to permanent status would be funded and whether the supplementary budget includes allocations to cover absorption and pension liabilities. Kitui Senator Enoch Wambua called the arrangement discriminatory, arguing that qualified teachers with TSC numbers were being treated as interns while others were treated differently.
Impact on teachers and schools
The ruling raises immediate questions for both teachers and school administrators:
- Will current interns be absorbed into permanent, pensionable positions, and on what timetable?
- How will differences in length of service among interns be handled fairly?
- What budget changes are required to fund absorption and back pay where applicable?
Until the Ministry and TSC conclude their review and present a clear plan, many teachers remain in limbo. Affected teachers should keep records of contracts, payslips and TSC correspondence in case of future legal or administrative reviews.
What to expect next
TSC and the Ministry are engaged in talks to determine next steps. Likely outcomes include:
- Legal review and formal guidance on whether and how to absorb interns.
- Budgetary assessment to estimate the cost of converting internships into permanent employment.
- Possible phased absorption or remuneration adjustments depending on available funds.
Officials have not announced a timeline. Teachers and stakeholders should monitor official TSC and Ministry communications for updates.
Practical guidance for affected teachers
If you are a JSS intern teacher, consider these steps:
- Secure copies of your appointment letters, contracts and payslips.
- Document any extensions, postings and communications from TSC or the Ministry.
- Seek advice from representative teacher unions or legal counsel for employment issues.
- Watch for official notices on budget allocations and absorption plans from TSC.
Resources for JSS teachers and CBC delivery
While the legal process continues, JSS teachers can access curriculum and teaching resources to support classroom work. Useful materials include JSS curriculum designs, national CBC curriculum designs, and practical CBC lesson plans to strengthen lesson delivery and classroom assessment.
