More than 44,000 intern teachers will continue serving in public schools after the Supreme Court of Kenya suspended the implementation of a ruling that had declared the teacher internship programme unconstitutional.
In an order issued on April 30, 2026, Chief Justice Martha Koome and five other Supreme Court judges granted the Teachers Service Commission (TSC) interim stay orders, effectively halting the implementation of the Court of Appeal’s February 27 decision, which had nullified the internship programme and declared the contracts unlawful.
“The Motion is certified as urgent, and pending the hearing and determination of the Notice of Motion dated 21st April 2026, an interim order of stay of execution of the decision and orders of the Court of Appeal… is hereby granted,” read the order.
Chief Justice Martha Koome.
Photo credit: Bonface Bogita|Nation Media Group
This comes days after Junior Secondary School (JSS) teachers across the country took to the streets demanding that the Commission immediately confirm all 44,000 interns to permanent and pensionable terms and publish an official implementation roadmap outlining clear dates and procedures for their confirmation.
According to an intern teacher’s payslip, an intern takes home Sh17,000 per month. The teachers were also demanding that the internship period be formally recognised for salary progression, pension, promotions, leave benefits, and broader career advancement.
They also called for the abolition of the internship employment model for trained teachers and for priority to be given to the recruitment and deployment of STEM teachers.
According to the order, the Supreme Court suspended the Court of Appeal’s declaration that TSC Circular No. TSC/DS/Recruit/Advert/18A/Vol.II of January 4, 2023, and the internship contracts issued under it were unconstitutional.
This effectively halted the enforcement of the appellate court’s February decision, which had upheld an earlier ruling by the Employment and Labour Relations Court.
The lower court had found the TSC internship programme discriminatory and unlawful, ruling that trained and registered teachers engaged as interns are employees in law and should not be placed on inferior terms.
That ruling had thrown the fate of more than 44,000 intern teachers into uncertainty, with pressure mounting on TSC and the government to either absorb them on permanent and pensionable terms or terminate the internship model altogether.
But the Supreme Court’s latest intervention now means the internship programme remains in force until the matter is heard and determined by the apex court, giving TSC room to continue retaining the teachers under the existing arrangement for now.
The Acting CEO of the Teachers Service Commission, Eveleen Mitei, appeared before the National Assembly Departmental Committee on Education and Julius Kipbiwott Melly at the Bunge Tower in Nairobi on Thursday, February 19, 2026, to consider the 2026 Budget Policy Statements.
Photo credit: Dennis Onsongo | Nation
In a statement on Friday, TSC Acting CEO Evaleen Mitei said the Supreme Court order preserves the status that existed before the Court of Appeal judgment, allowing the internship programme to continue temporarily.
The Commission warned that an abrupt termination of the programme would have severely disrupted learning, particularly in junior secondary schools where many of the interns are deployed.
“The Commission underscores that the sudden termination of the programme, as initially directed by the Court of Appeal, would have been extremely disruptive and detrimental to the interests of more than two million Junior School students,” said Ms Mitei.
According to TSC, the interns are currently supporting teaching for more than two million Junior School students across the country.
“This is particularly pertinent given that no budget had been allocated for the immediate, permanent employment of the teacher interns,” said Ms Mitei.
Ms Mitei said the Commission has already begun engaging the National Treasury, the National Assembly, and other government agencies to secure funding that would allow the interns to be employed on permanent and pensionable terms.
“Through the court action, the Commission endeavours to secure a definitive judicial examination of the legal and factual issues relevant to the Teacher Internship Programme, thereby seeking an authoritative and final legal resolution on the matter,” said Ms Mitei.
The Commission urged teachers and interns to remain committed to their work as the legal process continues and as efforts to improve their terms and conditions of service progress.
“We urge our teachers to remain committed in their work as the Commission strives to improve their terms and conditions of service and their general welfare,” she said.
In a circular dated January 4, 2023, the Commission invited trained and registered teachers to apply for 35,550 vacancies for teachers and teacher interns.
The vacancies included 9,000 secondary school positions on permanent and pensionable terms to be deployed to Junior Secondary Schools, 1,000 permanent and pensionable primary school posts, 21,550 secondary school internship positions for Junior Secondary Schools, and 4,000 primary school internship slots.
