As the legal standoff over the Teachers Service Commission (TSC) CEO recruitment drags into February 2026, a deeper financial and operational crisis is simmering within the Upper Hill headquarters.
While the judiciary debates the constitutionality of hiring requirements, the commission is currently attempting to manage a staggering Sh422.9 billion ($3.2 billion) budget under an interim administration. This prolonged “acting” leadership by Evaleen Mitei is no longer just a legal footnote; it has become a significant hurdle in the commission’s ability to execute high-stakes financial commitments.
In the Kenyan public service, the Secretary to the Commission (CEO) serves as the primary Accounting Officer. This role carries the legal weight to sign off on massive multi-year contracts and CBA (Collective Bargaining Agreement) negotiations. Union leaders from KNUT and KUPPET have expressed growing unease, questioning the legal permanence of agreements signed during an interim period.
With the 2025–2029 CBA negotiations currently on the table, the absence of a substantive CEO creates a “credibility gap” that could lead to labor unrest if teachers feel their future is being brokered by a “temporary” hand.
The timing of this vacancy—following the exit of Nancy Macharia in June 2025—could not be more precarious.The TSC is in the middle of a radical overhaul to support the Grade 10 Senior School transition.
Executing a Sh35.7 billion budget hike, which includes hiring 16,000 new teachers and retooling 70,000 others, requires an executive with a five-year mandate, not one operating on a month-to-month extension. Experts warn that “strategic programs,” such as the nationwide ICT integration and the transition of 400,000 teachers to the Social Health Authority (SHA), are moving at a slower pace due to the cautious nature of acting management.
The TSC’s recent complaint to Chief Justice Martha Koome is a desperate signal that the “status quo” is no longer sustainable.By highlighting the “acute institutional disruption” caused by conservatory orders, the commission is making an economic argument for legal speed. As the March 5 hearing approaches, the education sector is watching closely.
The question is no longer just who will lead the TSC, but whether the commission can survive another six months of administrative limbo without compromising the quality of education for millions of Kenyan children.
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TSC budget 2026, Evaleen Mitei acting CEO challenges, Teacher CBA negotiations 2025-2029, Kenyan education reform leadership, TSC CEO recruitment court case, impact of acting leadership on public service.
