TSC reopens search for CEO after court orders fresh recruitment

The Teachers Service Commission (TSC) has restarted the search for a substantive secretary and chief executive officer after the High Court ordered the commission to conduct a fresh recruitment process.

In an advertisement dated September 29, 2026, the TSC has invited qualified Kenyans to apply for the position, setting October 30, 2026, as the deadline.

“Pursuant to the provisions of Article 250 (12) of the Constitution and Section 16 (1) of the Act, the Commission is seeking applications from qualified candidates for the position of the Secretary/Chief Executive Officer, who in performance of the functions and duties of office, shall be responsible to the Commission. The Secretary shall be the Chief Executive Officer of the Commission responsible for implementation of policies, decisions and strategies of the Commission,” reads the advertisement.

The fresh recruitment follows a High Court ruling that quashed an earlier recruitment process and directed the commission to re-advertise the position. The court found that the previous process had failed to comply with TSC’s own recruitment procedures, including the timelines given to applicants. 

Also Read: TSC ordered to re-advertise CEO post

The commission has been without a substantive CEO since former boss Nancy Macharia retired in June last year. Evaleen Mitei has been in the position in an acting capacity.

To qualify for appointment to head the commission, a person must hold a degree in education and have at least 10 years’ relevant experience. 

Justice Dolla Chepkwony, in her judgment, found that the commission violated its own rules on the timelines set for a recruitment process. She further observed that the TSC never gave an explanation why it had shortened the timelines for application to just 13 days. According to her, the vacancy announcement did not offer a fair chance to all persons who were interested in heading the teachers’ employer.

“A recruitment window shortened below the recruiting body's own published minimum, without explanation or justification tendered in these proceedings, is not a mere irregularity of form; it is a substantive curtailment of the opportunity of otherwise qualified members of the public, including, materially, the interested party, all serving teachers directly regulated by the first respondent, to compete for the office on equal and fair terms,” said Justice Chepkwony.

The judge, however, dismissed the prayer to have sections of the Teachers Service Commission Act unconstitutional for restricting the qualifications and experience for the CEO position.

She said that there was a justifiable reason to have such requirements owing to the quality and management of the education workforce in the country.

The judge was of the view that it would be intrusive to control internal recruitment processes.

Also Read: Court suspends recruitment of TSC CEO

“I have deliberately declined to grant an order of a permanent or mandatory character requiring the first respondent to appoint any particular category of candidate, or to adopt any qualification regime other than that already prescribed by section 16(2), lest this Court trespass upon the constitutionally allocated domain of the Commission's own appointing authority,” she continued.

The case was filed by Simon Kairu against TSC, the National Assembly, the Attorney General and the Education Cabinet Secretary.

He argued that it was unfair for the commission to restrict the top post to degree holders. He also claimed that the deadline applicants were required to meet was almost impossible, as it required applicants, among other things, to seek clearance from, among others, the Ethics and Anti-Corruption Commission (EACC).

The recruitment of a CEO has been caught up in successive court challenges. An earlier case that had challenged the recruitment was dismissed in January 2026, allowing TSC to proceed, but a subsequent High Court case resulted in the earlier process being nullified and a fresh recruitment ordered. 

The successful CEO of the commission will serve for five years and will be eligible for reappointment for one further term.

The successful candidate will be the head of the TSC secretariat, accounting officer and custodian of the commission’s records, and will be responsible for implementing decisions of the commission.

The CEO earns a gross monthly salary of Sh698,600, an airtime allowance of Sh15,000 per month and an annual leave allowance of Sh50,000.

The package also includes an official vehicle of up to 3,000cc, medical cover, retirement benefits, group life insurance and group personal accident cover.

The successful applicant will also be eligible for a car loan of up to Sh6 million and a mortgage of up to Sh30 million, subject to the applicable terms.

Applicants must be Kenyan citizens, hold a degree in education from a university recognised in Kenya and have at least 10 years’ experience in education, administration and management, public administration, human resource management or financial management. They must also satisfy the requirements of Chapter Six of the Constitution.

Applicants have been required to submit clearance certificates from the Kenya Revenue Authority, Higher Education Loans Board, Ethics and Anti-Corruption Commission, Directorate of Criminal Investigations and a recognised Credit Reference Bureau.

TSC said applications can be submitted online, by email or physically at its headquarters in Upper Hill, Nairobi.

The commission warned that canvassing would lead to automatic disqualification and said only shortlisted candidates would be contacted for interviews.

The names of shortlisted candidates and the interview schedule will be published in the print media and on the TSC website after the closure of the advertisement.

Follow our WhatsApp channel for breaking news updates and more stories like this.

[email protected]