The Employment and Labour Relations Court has issued an emergency order halting the Teachers Service Commission (TSC) from proceeding with its recruitment drive in four specific counties: Garissa, Wajir, Mandera, and Lamu.
The ruling, delivered by Justice Jemimah Keli, comes as a significant blow to the commission’s latest hiring cycle. The suspension follows a legal challenge by three teachers—Titus Kilonzo, Johnson Munyoki, and Lawrence Kirimi—who claim the recruitment process is both discriminatory and a threat to their current livelihoods.
The Core of the Dispute
The petitioners, who are currently serving on contract in these hardship areas, raised several critical points:
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Constructive Dismissal: The teachers allege that the TSC advertised their exact workstations as “vacancies,” essentially seeking to replace them while they are still actively performing their duties.
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Discriminatory Policy: A specific clause in the TSC advertisement reportedly prioritizes new applicants who have never been employed by the commission. The petitioners argue this unfairly locks out experienced contract teachers who have already been serving in these volatile regions.
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Comparison to JSS Interns: The petition highlights a perceived double standard, noting that Junior Secondary School (JSS) interns in other parts of the country are being transitioned to permanent status without being forced to re-apply for their own jobs.
Judicial Intervention
Justice Keli’s conservatory order effectively freezes the recruitment process in the affected regions. The TSC is now barred from:
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Shortlisting candidates for these specific roles.
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Conducting interviews in the four counties.
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Issuing deployment letters to new hires for these positions.
“The petitioners have established a prima facie case regarding the potential violation of their constitutional rights to fair labor practices and protection from discrimination,” the court noted.
What Happens Next?
The TSC has been given seven days to file its responding affidavits. The court has scheduled an inter-partes hearing for February 9, 2026, where both sides will argue whether the suspension should be made permanent or if the recruitment can proceed.
For now, hundreds of applicants in the Northeastern region and Lamu remain in limbo as the legal process determines the fate of teacher staffing in these critical areas.
By Breaking Kenya News
