Court Halts Efforts to Replace TSC CEO Nancy Macharia

Court Halts Efforts to Replace TSC CEO Nancy Macharia

The search for a new CEO for the Teachers Service Commission (TSC) has encountered a setback after the Employment and Labour Relations court intervened due to a petition.

On the evening of May 26, Justice Ocharo Kebira from the Employment and Labour Relations court in Mombasa issued temporary orders in response to a petition filed by a local resident questioning the legality and constitutionality of the recruitment process.

The petitioner claimed that the entire hiring process was flawed, citing constitutional violations and discriminatory criteria.

“The current situation regarding the contested process will remain unchanged until further notice from this court,” ruled Justice Kebira.

Additionally, the judge instructed that court documents be served to the Teachers Service Commission, the National Assembly, the Attorney General, and Education Cabinet Secretary Julius Ogamba, as they are named as respondents in the case.

Earlier in May, the TSC announced openings for the positions of Secretary and Chief Executive Officer (CEO), indicating the impending end of Nancy Macharia’s tenure, which is set to conclude on June 30, 2025.

In the announcement, TSC invited Kenyans with backgrounds in education and management to apply by May 27.

However, the petitioner from Mombasa quickly sought to halt the recruitment, arguing that advertising for a job without a formal vacancy declaration implied that the TSC was seeking to fill a non-existent position.

The petition also contested Section 16(2), which details the qualifications required for the CEO role.

While the TSC’s advertisement specified that candidates must hold a degree and have ten years of experience in education, the petitioner argued that these criteria were overly restrictive and excluded qualified individuals from other fields.

Concerns were also raised about the 21-day application period, with the petitioner asserting that it was discriminatory and insufficient, given the diverse circumstances and living conditions across the country.