CS Julius Ogamba tells the Senate the government is “studying” the Court of Appeal ruling that declared the TSC internship illegal. Learn what happens next for 44,000 JSS teachers and the 2026/2027 budget impact.
The long-standing debate over the legality of the Teachers Service Commission (TSC) internship program has finally reached a breaking point. In a decisive move in March 2026, the Court of Appeal solidified a ruling that has sent shockwaves through the Ministry of Education: the teacher internship policy is officially null and void.
Appearing before the Senate on Wednesday, March 11, 2026, Education Cabinet Secretary Julius Ogamba admitted that the government is now “scrambling” to address the legal and financial fallout. With over 44,000 teachers currently serving under this nullified framework, the crisis threatens to disrupt the stability of Junior Secondary Schools (JSS) across the country.
The Senate Showdown: “Legal and Financial Implications”
During a heated session in the Senate, CS Ogamba was put to the task by lawmakers demanding immediate clarity. Nairobi Senator Edwin Sifuna and Nandi Senator Samson Cherargei led the charge, questioning why the government continued to push an “exploitative” model despite clear judicial signals.
What the CS Told Senators:
The Ruling is Final: Ogamba acknowledged that the Court of Appeal has determined the internship policy is unconstitutional.
The Study Phase: “TSC and the Ministry are studying the ruling and are in the process of coming up with the steps that are going to be undertaken to ensure that we abide by that court ruling,” the CS stated.
Budgetary Hurdles: The CS warned that immediate compliance carries a heavy price tag, which may require a Supplementary Budget to convert all 44,000 positions into Permanent and Pensionable (P&P) terms.
Why the Internship Policy Was Nullified
The court’s decision rests on the principle of Fair Labour Practices. For years, the TSC has utilized “interns”—qualified, registered, and licensed professionals—to handle full teaching loads in JSS.
The court found that:
Qualified Teachers are not “Students”: The internship label was a misnomer used to justify lower pay for professional work.
Discriminatory Pay: Paying some teachers a full salary and others a “stipend” for identical work violates Article 41 of the Constitution.
Lack of Legislative Basis: The TSC failed to prove that the law allows for a perpetual “internship” status for registered educators.
The JSS Staffing Crisis: A System at Risk
Junior Secondary Schools have been the hardest hit by this legal battle. Since the rollout of the Competency-Based Curriculum (CBC), the government has relied on interns to fill the gap.
Senator Enoch Wambua of Kitui pointed out the absurdity of the situation: “Teachers have TSC numbers and are absorbed as interns, like those still learning. It is illegal and discriminatory.” If these teachers are not confirmed immediately, the transition to Grade 9 and the staffing of Senior School could face a total standstill.
The Financial Roadmap: What is the Cost?
According to Treasury estimates revealed in late 2025 by CS John Mbadi, confirming 20,000 teachers alone requires roughly Ksh 5.4 billion. To absorb the full cohort of 44,000, that figure could double.
Senator Cherargei challenged the Ministry’s lack of preparedness: “You cannot tell us you want to comply with a court ruling without telling us whether in the supplementary budget you have requested funds.”
Salary Comparison at a Glance:
Category
Current Intern Stipend
Permanent (P&P) Starting Salary
Primary Level
Ksh 15,000
Ksh 28,000 – 35,000+
Secondary (JSS)
Ksh 20,000
Ksh 36,000 – 50,000+
Frequently Asked Questions (FAQs)
1. Is the TSC internship programme still legal?
As of March 2026, the Court of Appeal has declared the TSC teacher internship policy null and void. The government is legally required to transition to a permanent employment model.
2. When will JSS interns be confirmed to permanent terms?
While President Ruto previously suggested a January 2027 timeline for full absorption, the recent court ruling may force the government to fast-track this process within the 2026/2027 Financial Year.
3. Will all 44,000 teachers be absorbed at once?
The Ministry of Education is currently reviewing “phased steps” to ensure they can afford the transition without crashing the national budget.
4. What happens to teachers who served as interns for two years?
Senators have raised concerns about discrimination against those who served longer. The ruling suggests all qualified teachers should be treated equally regardless of their internship duration.
Expert Analysis: The Path Forward for TSC
This ruling marks the end of the “internship era” for professional teachers in Kenya. The TSC must now scrap the Career Progression Guidelines (CPG) that favored this model and replace them with a transparent, merit-based permanent hiring system.
The government’s decision to make Junior Schools independent institutions with their own principals—announced by CS Ogamba on March 13, 2026—suggests that a massive structural overhaul is coming. This is the perfect window to fix the teacher-to-student ratio once and for all.
Victory for Professional Dignity
The nullification of the TSC internship is more than just a win for the 44,000 teachers; it is a victory for the rule of law. It sends a message that the government cannot bypass the Constitution to save on labor costs. As the Ministry prepares its “steps to abide,” the teaching fraternity remains hopeful that the days of the “stipend” are finally over.
