The Employment and Labour Relations Court has dismissed Dr. Adano Kadubo’s attempt to join a petition challenging the TSC CEO recruitment. Here’s what the ruling means for governance, transparency, and future TSC appointments.
The legal battle surrounding the recruitment of the next Teachers Service Commission (TSC) chief executive officer has taken a new twist after the Employment and Labour Relations Court declined to admit a key applicant into the ongoing case. The ruling, which dismissed Dr. Adano Salad Kadubo’s request to be included as an interested party, has revived debate about transparency, fairness, and the integrity of public service appointments in Kenya’s education sector.
Dr. Kadubo, who had expressed interest in succeeding former CEO Nancy Macharia, hoped to join a petition filed earlier by Thomas Mosomi Oyugi. The case challenges the legality of the ongoing recruitment, raising concerns about whether the vacancy was properly declared, advertised, and timed within the law.
However, the judge handling the matter ruled that Dr. Kadubo’s proposed contributions offered no new information that was not already addressed in the primary petition. The court noted that his filings mirrored the petitioner’s grievances and did not introduce unique or additional issues capable of influencing the outcome of the case. As such, the court determined that the petition could proceed fairly without his involvement.
In court documents, Dr. Kadubo stated that his longstanding ambition to lead the TSC motivated his interest in joining the proceedings. He argued that the job advertisement was unlawful because it was published while Nancy Macharia was still in office. According to him, no vacancy legally existed at the time of the announcement since Macharia’s term was due to lapse weeks later, on June 6.
He claimed that the Commission should have waited for the position to fall vacant before inviting applications. Additionally, he asserted that the Constitution and public service regulations require major positions to be advertised widely, including through national newspapers and the Kenya Gazette—something he says did not happen.
The advertisement’s appearance in the My Government newspaper on May 6, 2025, was a central point in his argument. He described the publication as little-known, lacking true nationwide circulation, which meant qualified applicants could have missed the announcement. He insisted that this hindered fair competition, transparency, and equal opportunity.
From his perspective, the recruitment amounted to hiring for a seat that had not yet been vacated, a move he believes undermined the rule of law and the principles guiding public appointments. He further argued that since an acting CEO had already assumed duties following Macharia’s departure, no harm would arise if the selection process was temporarily halted while the constitutional issues were resolved.
However, the Teachers Service Commission opposed his request strongly. In an affidavit, TSC chairperson Dr. Jamleck Muturi stated that the application failed to meet the threshold for joining a constitutional petition. He accused Dr. Kadubo of attempting to advance a personal agenda under the guise of public interest. According to Dr. Muturi, Dr. Kadubo added nothing substantive to the ongoing case besides his ambition to become the next TSC boss.
The court agreed. In its ruling, it found the application lacked merit and did not meet the strict legal requirements for adding new parties to an active petition. Allowing every hopeful candidate with similar ambitions to join the suit, the judge noted, would derail the judicial process and unnecessarily complicate the case.
This decision has broader implications. For one, it clarifies the threshold required for interested-party applications in constitutional litigation. Merely having a personal stake or ambition is insufficient; applicants must demonstrate a unique perspective or information that is not already represented.
Secondly, the ruling brings focus back to the original petition filed by Thomas Mosomi Oyugi. His case, which questions the legality of the recruitment process, will now proceed to full hearing. It remains to be seen whether the court will ultimately halt or validate the selection of Macharia’s successor.
As the education sector watches closely, the ruling underscores the importance of transparent, well-communicated, and lawfully executed recruitment processes, especially for national bodies like the Teachers Service Commission. With persistent concerns around governance, accountability, and corruption in the public sector, this case may set a significant precedent for future appointments within Kenya’s institutions.
For now, the country awaits the next phase of the legal proceedings—one that could shape the leadership of one of Kenya’s most critical education bodies.
