The Court of Appeal has declared the Teachers Service Commission (TSC) internship programme — and the circular that created it — unlawful. The ruling finds that trained, registered teachers who were engaged as “interns” are employees for labour-law purposes and cannot be placed on inferior terms without a lawful, transparent policy that passes constitutional muster.
Key Takeaways
- Interns are employees: The courts treat internships as employment where duties and supervision are akin to a workplace role.
- TSC cannot disguise employment: Registered teachers cannot be employed on lesser terms by being styled “interns” unless lawful criteria justify that distinction.
- Circular declared unlawful: The recruitment circular that split applicants into permanent posts and internship posts was held to contravene the Constitution.
- Policy rules go forward: TSC may run post-registration internships only under a clear, non‑discriminatory policy developed with proper checks and public participation.
- No costs ordered: The Court did not award costs against either party in the ruling.
What the Court decided on the TSC internship
The Court of Appeal reviewed a recruitment circular that advertised both permanent and pensionable positions and a larger number of “internship” positions for junior schools. The court endorsed the Employment and Labour Relations Court finding that:
- An intern in this context is considered an employee under Kenyan employment law.
- Trained and registered teachers who were deployed to teach could not lawfully be treated as apprentices or indentured learners when they already held professional registration.
- Designating registered teachers as interns without transparent, lawful criteria produced unfair labour practices and discrimination in relation to terms and conditions.
- The circular and the subsequent internship contracts were declared to contravene constitutional provisions because they lacked the lawful foundation and transparency required.
Why the ruling matters for teachers and recruitment
This decision affects teacher deployment, contracts, and pay. It clarifies that employers — including public bodies — cannot avoid employment obligations by relabelling roles. For teachers it means:
- Equal work must attract equal treatment unless a lawful, objective reason exists to distinguish roles.
- Recruitment adverts and contracts must show clear eligibility criteria and the legal basis for different categories of engagement.
- Professional development or post‑registration programmes must not be a cover to withhold normal terms and benefits.
The ruling also signals that any internship scheme must align with teaching standards and be part of an explicit career progression plan under the Teachers Service Commission Act.
What TSC can do next
The court did not ban internships outright. Rather, it set standards TSC must meet to run lawful internship programmes:
- Develop a clear Teacher Internship Policy that is published and open to scrutiny.
- Show objective eligibility criteria that distinguish interns from permanent recruits (for example, targeted practical upskilling for newly registered teachers with clearly defined duration and outcomes).
- Carry out public participation and impact assessments, and ensure the policy aligns with employment law and anti‑discrimination rules.
- Ensure any internship compensation and benefits meet labour standards and do not unlawfully disadvantage registered teachers.
Practical steps for affected teachers
If you were recruited or applied under the disputed internship scheme, consider the following steps:
- Check official communications: Keep copies of your appointment letters, contracts, and any TSC circulars or notices.
- Seek confirmation of status: Ask TSC or your employer in writing whether your engagement is temporary, the duration, and the path to permanent terms.
- Use union or professional support: Engage teacher unions or representative bodies for guidance on enforcement and next steps.
- Document work performed: Maintain records of duties, timetables, and supervisory arrangements in case you need to show you carried substantive teaching responsibilities.
- Consider legal advice: Where needed, seek counsel to enforce rights under employment law and the Constitution.
Resources for teachers and trainers
Teachers preparing for professional roles or upgrading qualifications may find these curriculum and study materials useful:
- Diploma in Education past papers — useful for teachers studying for certification or refresher exams.
- Junior secondary (JSS) curriculum designs — reference materials for lesson planning and curriculum alignment.
- CBC curriculum designs — resources for competency‑based curriculum delivery and schemes of work.
Bottom line
The Court’s decision enforces that legal form must match employment reality. Registered teachers doing teaching work must not be denied proper terms by being rebranded as interns without a lawful, transparent policy. Moving forward, any internship programme must be clear, non‑discriminatory, and consistent with labour and constitutional standards.
