The High Court has suspended the recruitment of the chief executive officer of the Teachers Service Commission (TSC), pending the hearing of a case filed by a Kiambu resident.
Mr Simon Kariu Kimaita rushed to court, arguing that some of the requirements, such as the mandatory requirement for a degree in education and at least ten years’ experience is unnecessary and unjustified given the nature of the office.
He argued that the prescribed academic and professional criteria are illogical, unreasonable, and deliberately structured to favour teachers and internal candidates, to the exclusion of other qualified professionals.
“That a conservatory order be and is hereby issued staying, suspending and restraining the 1st Respondent from implementing or continuing with the ongoing recruitment exercise of the Secretary/Chief Executive Officer of the 1st Respondent (TSC) pending the inter-partes hearing of the application,” the court said.
The earlier case filed by Thomas Mosomi Oyugi was, however, dismissed last week, clearing the way for the commission to proceed with the exercise.
Mr Kimaita says in the court documents that the qualification framework unfairly excludes competent and qualified professionals from other relevant disciplines, including finance, governance, law, and human resource management, in violation of Article 27 of the Constitution.
He stated that there is no rational nexus between the functions of the office of CEO and the requirement for a degree in education.
The petitioner further pointed out that the advertisement calling for applicants demanded experience in public administration, human resource management, and financial management while mandating a teaching qualification, rendering the process unreasonable, illogical, and unconstitutional.
“The blanket requirement of ten (10) years’ experience is discriminatory against younger qualified professionals and violates Article 55(c) of the Constitution, which obligates the State to promote youth access to employment,” he said.
Mr Kimaita submitted that the commission was on the verge of finalising the process, and if the appointment was made, the case would be rendered academic and the sought remedies ineffective.
He said the substratum of the case required the immediate protection, as the proceedings question the constitutional and statutory propriety of the process and seek to uphold the supremacy of the constitution and the rule of law.
Mr Kimaita argues that section 16(2) of the Teachers Service Commission Act is unconstitutional and the entire recruitment is therefore null and void.
He says section 16(6) of the Act assigns the CEO functions that are fundamentally administrative, financial, managerial, and governance-oriented, which do not inherently require a degree in education.
“That it is impractical and irrational to mandate a degree in education while simultaneously requiring experience in human resource management or financial management, which are distinct and highly regulated professions governed by separate Acts of Parliament,” he said.
