In a petition filed at the Nairobi Employment and Labour Relations Court, Nehemiah Kipkorir, through Mugeria, Lempaa & Kariuki Advocates, is seeking several orders declaring the move unconstitutional and illegal.
Mr Kipkorir wants the court to quash the decision and compel TSC to honour the original one-year contract, arguing that the unilateral extension violates constitutional rights including fair labour practices, equality, human dignity, and good governance.
"That the decision was made without stakeholder consultation, breaching Article 10 of the Constitution. That TSC lacks constitutional authority to employ interns or student-teachers outside its mandate," said Mr Kipkorir.
The petitioner said implementation of the extended internship, allegedly following a presidential directive, is in breach of Article 249, which protects independent commissions from Executive influence.
The petitioner is also seeking an order for immediate absorption of interns who have satisfactorily completed the initial 12-month term into permanent and pensionable contracts, as well as general damages for violation of their rights.
'Unsustainable and unlawful'
Kenya Human Rights Commission (KHRC) Deputy Education Director Cornelius Oduor has criticised the government over the interns issue arguing that it is unsustainable and unlawful.
“The courts were very clear that employing teachers as interns is illegal. These are qualified, registered teachers — not learners. Engaging them as interns perpetuates an illegality,” he said.
Kenya Junior School Teachers Association (Kejusta) chairperson James Odhiambo, a former intern, said it is inhumane to 'employ' an individual on internship for two years.
“These interns have been performing the same duties as permanent teachers but earning far less without any allowances,” said Mr Odhiambo.
Last month, President Ruto said that junior school intern teachers will only transition to permanent and pensionable terms after two full years of internship. He said the model is a deliberate strategy to plug a severe teacher deficit.
The Head of State said Kenya has more than 300,000 trained teachers outside formal employment.
“That is why we introduced the internship programme. However, we did so with the assurance that after serving for two years, interns are confirmed to permanent and pensionable terms without negotiation. I want to assure every intern that after two years, they will automatically be absorbed...that is the plan,” he said.
The 20,000 Junior School interns have been complaining of exploitation, low pay and uncertainty over their future. They are paid a stipend of Sh20,000 before statutory deductions.
Junior School alone faces a deficit of 72,000 teachers, nearly half of all staffing needs in Grades 7, 8 and 9. TSC has only 83,129 teachers deployed so far, despite the rapidly expanding demands of the Competency-Based Curriculum.
