The High Court has ordered the Teachers Service Commission to start a new hiring process for the Secretary/CEO position, clearing the way for a fresh and fully compliant TSC CEO recruitment. The court also upheld the qualification provisions in Section 16 of the TSC Act, confirming the requirement for a university degree in education and at least ten years of relevant experience.
Key Takeaways
- The court nullified the previous recruitment stages and directed TSC to launch a completely new hiring cycle.
- Section 16 of the TSC Act — including the degree-in-education and experience requirements — was upheld as constitutional.
- All previous applicants must reapply when the new advertisement is published; no shortlists carry over.
- Eveleen Mitei remains acting Secretary/CEO while the Commission restarts the process, meaning the substantive appointment will take additional months.
TSC CEO recruitment: What the court ruling means
The ruling forces a full restart of the TSC CEO recruitment process from advertisement to appointment. The court found procedural flaws in the earlier cycle and ordered that any new exercise must be fully compliant with statutory and constitutional requirements. At the same time, the court affirmed that the Commission may continue to use the existing qualification criteria when vetting candidates.
Background: Why the process was stopped
An urgent petition argued that TSC had advertised the post without making a formal declaration of vacancy and challenged the requirement in Section 16(2) that candidates hold a degree in education and ten years’ relevant experience. A Kiambu High Court injunction halted the exercise pending hearing. After review, the court agreed the earlier process was procedurally defective but rejected the claim that the qualification bar was unconstitutional.
What the upheld Section 16 requirements include
The court confirmed the following core requirements that will guide the fresh recruitment:
- Kenyan citizenship and a university degree in education from a recognised institution.
- At least ten years of relevant experience in education, administration and management, public administration, human resource or financial management.
- Compliance with Chapter Six of the Constitution on leadership and integrity, including integrity clearance certificates.
What applicants should expect in the new process
Because the earlier stages were nullified, all prospective candidates that applied before will need to reapply when TSC issues the new advertisement. Expect similar application requirements as before:
- Completed application form and a detailed CV.
- Certified copies of academic and professional certificates and identification documents.
- Clearance letters from relevant agencies (KRA, HELB, EACC, DCI and a recognised credit reference bureau).
- No canvassing — attempts to influence the process will lead to disqualification.
Practical impact on TSC operations and timelines
The vacancy has already persisted since the previous Secretary/CEO left the post, and the restart will add further delay. The acting head will continue day-to-day management, but stakeholders should not expect a substantive appointment for several months. The new recruitment will likely preserve the five-year renewable term and salary arrangements aligned with the Salaries and Remuneration Commission.
Advice for candidates and stakeholders
Candidates preparing for the fresh TSC CEO recruitment can use the pause to organise documentation and refresh their knowledge of education policy and administration. Prepare certified copies of credentials and statutory clearances in advance. If your background includes education qualifications, consider brushing up on sector-specific issues and curriculum developments — resources such as diploma in education past papers and CBC curriculum designs can help frame recent sector knowledge.
How this affects teachers, schools and the public
The judgment preserves the Commission’s authority to prioritise education-sector experience for its top administrator, which supporters argue maintains sector leadership credibility. Teachers and school managers should monitor the TSC portal closely for the new advertisement and interview schedules. Meanwhile, educators preparing for other assessments or classroom duties can access practice materials like free KCPE exams and revision resources to keep teaching continuity steady.
Next steps and what to watch for
Watch for an official declaration of vacancy from the Commission before any new advertisement is published — the court explicitly required that step to close the procedural gap that triggered the petition. Once TSC issues the advert, shortlisted candidates and interview schedules should be published publicly. Until then, expect further administrative preparation but no final appointment.
