High Court Orders TSC to Restart CEO Recruitment

The Teachers Service Commission (TSC) has been ordered by the High Court to restart recruitment for its Secretary and Chief Executive Officer.

The directive was issued after the recruitment process was found to have violated the commission's internal recruitment procedures.

Justice Francis Nyungu declared the May 6, 2025 vacancy advertisement unlawful over the application period provided.
Applicants had been given 13 days to submit their applications instead of the required minimum of 14 days.

The vacancy had been published on May 6 and closed on May 19, creating the disputed 13-day window.
The court also found that the requirement to disclose the proposed remuneration had not been complied with.

Court Upholds CEO Qualifications

The ruling followed a petition filed by Simon Kariu Kimaita, who had challenged the recruitment exercise on several grounds.
The qualifications prescribed for the position and the manner in which the recruitment had been conducted were both challenged.

Kimaita had argued that requiring an education degree unfairly excluded professionals from other relevant fields.
Law, finance, human resources and public administration professionals were among those whose eligibility had been questioned.

The court, however, upheld the education degree requirement for the TSC chief executive position.
A successful candidate must also have at least 10 years of relevant professional experience under the statutory requirements.

TSC Recruitment Process to Restart

Justice Nyungu found that the shortened application period had not been adequately justified by the commission.
The court noted that the decision could have limited opportunities for qualified Kenyans, including serving teachers, to apply.

The requirement was therefore issued for the position to be re-advertised without undue delay.
A fresh recruitment exercise is to be conducted in accordance with the Constitution, applicable laws and TSC's internal procedures.

Other challenges raised against the recruitment exercise were also rejected by the court.
Claims concerning alleged bias and discrimination against younger applicants were dismissed because sufficient evidence had not been presented.

Court Clarifies Gazette Requirement

The court further rejected the argument that the CEO vacancy had to be gazetted before it was advertised.
It was clarified that the cited gazettement requirement applies specifically to vacancies for the TSC chairperson and commissioners.

The ruling comes after former TSC CEO Nancy Macharia's tenure ended in 2025.
Evaleen Mitei has been serving as the commission's acting Secretary and CEO since June 2025.

Several senior officials had reportedly expressed interest in the position before the recruitment exercise was halted.
The fresh process will now have to be undertaken after compliance with the requirements identified by the court.