The search for a substantive chief executive officer of the Teachers Service Commission (TSC) has been repeatedly disrupted by court battles, with fresh petitions challenging the recruitment process and threatening to prolong the leadership transition at the teachers' employer.
More than a year after Nancy Macharia left office in June 2025, the commission is yet to secure a substantive successor. Disputes over the qualifications required for the position, the legality of the recruitment process and alleged procedural irregularities have drawn the appointment into prolonged litigation.
Legal battles have raised concerns about the number of cases filed over the recruitment.
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The latest case was filed by Evans Morara Nyangongo, who wants the Employment and Labour Relations Court in Kisii to suspend the recruitment pending the hearing and determination of his petition.
He argues that the fresh advertisement issued on September 29, 2026, was not properly authorised and did not formally cancel the earlier notice published on May 6, 2025. He also questions the authority of the TSC chairperson to issue the advertisements and alleges a potential conflict of interest involving acting chief executive Evaleen Mitei. The court is yet to determine these claims.
"The advertisements issued on May 6, 2025, and September 29, 2026, are not duly signed by the chairman of the Teachers Service Commission thus lacks authenticity," the petition states.
Mr Nyangongo further argues that the advertisements were not sanctioned through a resolution of the commission, and that the September notice did not formally revoke or cancel the earlier one. He contends that the two notices have created uncertainty over the legal basis of the recruitment.
He wants the court to suspend applications, shortlisting, interviews, selection and appointment of the next secretary and chief executive pending determination of the case.
The petition also questions the role of Ms Mitei, alleging a potential conflict of interest if she intends to apply for the substantive position.
"The 3rd Respondent conflicts in discharge of statutory public duty as the current acting Secretary of the 2nd Respondent with her private interest as a candidate for recruitment following the advert dated 29th September 2026," the petition states.
The fresh advertisement set October 30, 2026, as the deadline for applications, but the latest legal challenge now threatens to complicate the recruitment once again.
How the earlier recruitment unravelled
Teachers Service Commission (TSC) headquarters in Upper Hill, Nairobi.
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The petition comes after two major court decisions disrupted the recruitment, raising questions about whether the commission will complete the exercise before the latest challenge is heard.
In January 2026, the Employment and Labour Relations Court in Mombasa dismissed a petition by Thomas Mosomi Oyugi, who had challenged the constitutionality of the academic qualifications required for the position. Mr Oyugi argued that the requirement for a degree in education unfairly excluded professionals in fields such as finance, human resource management and public administration. The court dismissed his challenge, allowing TSC to proceed with the recruitment.
The reprieve was short-lived. In February, the High Court in Kiambu halted the recruitment following a petition by Simon Kariu Kimaita, who challenged both the qualification requirements and the manner in which the position had been advertised.
The dispute culminated in a September 17 ruling in which the court declared the initial recruitment process unlawful and ordered TSC to advertise the position afresh. Justice Dorah Chepkwony found that the May 2025 advertisement gave applicants only 13 days to apply, against the minimum of 14 days required under the commission's Human Resource Policies and Procedures Manual. The court also faulted the failure to disclose the proposed remuneration for the position.
The judge, however, upheld the statutory requirement for the chief executive to hold a degree in education and have at least 10 years of relevant experience.
Following the ruling, TSC issued the fresh advertisement on September 29.
Concerns over forum shopping
In a separate ruling on an application to withdraw his Mombasa petition, Justice Ocharo Kebira declined to allow Mr Oyugi to discontinue the case, citing concerns about forum shopping and the filing of multiple petitions over the same subject.
TSC chairperson Jamleck Muturi told the court that three related petitions had been filed in Kiambu, Nairobi and Mombasa, seeking similar orders to stop the recruitment. The judge noted that the withdrawal request came after a conservatory order had been obtained in the Kiambu proceedings, raising concerns about attempts to pursue similar relief in different courts.
The Kisii case adds another legal challenge to the recruitment. The prolonged dispute leaves TSC still seeking a substantive replacement for Ms Macharia, whose term ended in June 2025. Ms Mitei has been acting chief executive since.
The chief executive heads the commission's secretariat, serves as its accounting officer and oversees the implementation of its decisions.
