Court battles force TSC to restart search for substantive CEO

The Teachers Service Commission (TSC) has restarted the search for a substantive Secretary and Chief Executive Officer, more than a year after the exit of former boss Dr Nancy Macharia and following a legal battle that brought the previous recruitment process to a halt.

The commission has re-advertised the position in a fresh notice dated September 29, 2026, inviting qualified Kenyans to apply by October 30, 2026, at 5 pm.

Applicants must be Kenyan citizens, hold a recognised degree in education, have at least 10 years' relevant experience and meet the constitutional integrity requirements under Chapter Six.

Under the new advertisement, the successful candidate will serve a five-year term, renewable once, and will head the TSC secretariat as its chief executive and accounting officer.

The position carries a gross monthly salary of Sh698,600, a monthly airtime allowance of Sh15,000 and an annual leave allowance of Sh50,000.

The office holder will also receive an official vehicle of up to 3000cc, medical cover for the officer and eligible dependants, and a service gratuity equivalent to 31 per cent of annual pensionable emoluments for the period served.

Other benefits include group life and personal accident insurance, as well as access to a mortgage facility of up to Sh30 million and a car loan of up to Sh6 million.

The advert states that the loans will attract an interest rate of three per cent per annum, with the mortgage repayable over a maximum of 20 years and the car loan over five years.

The fresh recruitment follows a September 17 High Court ruling that quashed the earlier process after Justice Francis Nyungu found that TSC had failed to follow its own recruitment procedures.

At the centre of the dispute was a seemingly small but legally significant detail—the length of the application window.

TSC's previous advertisement, published on May 6, 2025, closed on May 19, giving applicants 13 days to apply instead of the minimum 14 days required under the commission's Human Resource Policies and Procedures Manual.

“I find, as a fact, that the advertised application window was thirteen days. Neither the fourteen-day minimum nor the requirement to disclose proposed remuneration was observed,” Justice Nyungu ruled.

The judge also found that TSC had not adequately explained why it shortened the application period, noting that the move could have denied some qualified Kenyans, including serving teachers, an opportunity to apply.

The court therefore declared the advertisement and the recruitment process arising from it unlawful and directed TSC to re-advertise the position “without undue delay” in accordance with the Constitution, the law and its own procedures.

The legal challenge was mounted by Simon Kariu Kimaita, who questioned both the qualifications prescribed for the CEO and the recruitment process.

One of the contentious issues was the requirement that the TSC chief executive must hold a degree in education and have at least 10 years' relevant experience.

Kimaita argued that the position's administrative, financial and managerial responsibilities meant professionals from fields such as law, finance and human resources should also be eligible.

The court disagreed, finding that TSC's mandate to regulate the teaching profession justified the education qualification. Justice Nyungu upheld the requirements contained in Section 16(2)(b) and (c) of the Teachers Service Commission Act.

The court, however, rejected claims concerning mandatory gazettement of the vacancy, bias and discrimination against younger applicants for lack of sufficient evidence.

The ruling effectively wiped out the previous recruitment exercise and shortlist, requiring all candidates to compete afresh.

The recruitment saga began after Macharia left office following the expiry of her tenure. TSC appointed Evaleen Mitei as acting Secretary and CEO in June 2025, pending the appointment of a substantive successor.

More than a year later, Mitei remains at the centre of the transition as the commission returns to the starting line.

Her continued tenure has generated debate in the education sector. Some teachers have called for her confirmation, citing her performance while acting at the helm of the commission, while others have maintained that the substantive office should be filled through an open and competitive process.

The earlier recruitment had attracted interest from several senior education officials and former union leaders.

Names associated with the process included former union official Wilson Sossion and Antonina Lentoijoni, who were also linked to the race, although both have since become TSC commissioners.

Others were TSC's Director of Operations Gabriel Mathenge, Director of Finance Cheptumo Ayabei and Coast Regional Director Lillian Wachira.