The Teachers Service Commission (TSC) has written to Chief Justice Martha Koome over court orders that have led to delays in the recruitment of a chief executive officer since last year.
Earlier this month, the High Court suspended the recruitment of a CEO of the commission pending the hearing of a case filed by a Kiambu resident, Simon Kariu Kimaita.
The suspension came barely a week after another judge sitting in Mombasa had cleared the commission to proceed with the process after the process was halted last year. The commission has been without a substantive CEO since the retirement of Nancy Macharia on June 30 2025. Evaleen Mitei has been the acting boss since then.
In the earlier petition by Thomas Mosomi Oyugi, the court had ruled that the petitioner lacked sufficient evidence to halt the recruitment process and also failed to demonstrate how it would affect public interest.
In TSC’s view, the latest case by Mr Kimaita’s has been conclusively determined and should be struck out since the issues he is raising have been fully addressed in a ruling by the Employment and Labour Relations Court in Mombasa.
In response to the TSC’s concerns, CJ Koome said ordinarily, a litigant is required to disclose to the court whether there exists any other case pending or previously determined as per the civil procedure rules.
Teachers Service Commission Acting CEO Evaleen Mitei.
Photo credit: Jared Nyataya | Nation Media Group
“I have received and considered the response from the respective Hon. Judge addressing the concerns raised in your complaints,” Justice Koome said in a response to TSC chairman Dr Jamleck Muturi's letter on February 6, 2026.
The CJ explained that the requirement is designed to safeguard the integrity of the judicial process and prevent parallel proceedings or forum shopping that could undermine the administration of justice.
The TSC, through its lawyer Cavin Anyuor in a certificate of urgency dated February 5 2026, warned that the delay in appointing a substantive Secretary/CEO threatens the administration and continuity of service at the commission and the public teaching service at large.
He noted that the sweeping conservatory orders have triggered acute institutional disruption and uncertainty, undermined leadership continuity, and hampered decision-making as well as the implementation of strategic programmes within the Commission.
Justice Koome said in order to accord both parties a fair hearing to ventilate on their respective arguments, she directed the matter to be heard on March 5.
Teachers Service Commission (TSC) headquarters in Upper Hill, Nairobi.
Photo credit: File | Nation Media Group
The letter explained that the court was not required to conclusively determine the constitutionality of the provisions challenged but to ascertain whether arguable constitutional issues had been raised.
The CJ explained that it would be inappropriate to delve into matters that are before a competent court, being mindful of the constitutional principle of judicial independence.
The office fell vacant following the exit of long-serving chief executive Nancy Macharia, at a time when there is mounting pressure on the Commission to deliver on key reforms in teacher management and deployment.
Evaleen Jesang Mitei is a seasoned human resource management professional with over 30 years of experience, and has been holding the position in an acting capacity.
On May 6 2025, the Commission, under the leadership of Dr Muturi, advertised for the position, allowing interested candidates 21 days to submit their applications.
