Court Stops Recruitment of New TSC CEO to Replace Nancy Macharia

Court Stops Recruitment of New TSC CEO to Replace Nancy Macharia

May 26, 2025

The Employment and Labour Relations Court in Mombasa has temporarily halted the process of recruiting a new Chief Executive Officer (CEO) for the Teachers Service Commission (TSC). This follows a petition challenging the legality and fairness of the ongoing recruitment.

Justice Ocharo Kebira issued the order after Thomas Mosomi Oyugi, a Mombasa resident, filed a case arguing that the process violates constitutional principles. The court directed the TSC, National Assembly, Education Cabinet Secretary, and Attorney-General to respond within seven days. The next hearing is set for June 9.

Background
The TSC had advertised the CEO position on May 6, 2025, with a deadline of May 27. The role is currently held by Nancy Macharia, who is on terminal leave after serving for ten years.

Petitioner’s Arguments
Oyugi claims the recruitment process is flawed because:
1. Restrictive Qualifications: The requirement for a degree in education excludes professionals from fields like finance and HR, which are relevant to the CEO role.
2. Short Application Window: The 21-day period was too brief and disadvantaged applicants from remote areas.
3. Ignored Reforms: The process proceeded without addressing governance issues raised in a 2023 education reform report.

Court’s Decision
The judge ordered a pause on the recruitment until further review. The case highlights concerns over transparency and fairness in public appointments.