The heartbeat of Kenya’s education system—the Teachers Service Commission (TSC)—is currently weathering a profound leadership crisis that threatens to derail critical reforms. In a move that underscores the growing tension between administrative necessity and judicial intervention, the TSC has formally escalated a grievance to Chief Justice Martha Koome.
At the center of this firestorm is a series of conflicting court orders that have effectively frozen the recruitment of a substantive Chief Executive Officer, leaving a vacuum at the helm of an organization managing over 400,000 educators.
Since the retirement of the long-serving and influential Nancy Macharia in June 2025, the Commission has been steered by Evaleen Mitei in an acting capacity. While Mitei is a seasoned professional, the “acting” tag carries inherent limitations in executive authority. The TSC, through its legal counsel, has warned that this prolonged transition is triggering “acute institutional disruption.
” Without a permanent CEO, high-level decision-making regarding teacher promotions, the implementation of the Sh422.9 billion budget, and the complex transition to the Senior School pathways are being hampered by a lack of long-term leadership certainty.
The TSC’s petition to CJ Koome highlights a worrying trend: “forum shopping.” Earlier this year, a judge in Mombasa gave the green light for the recruitment to proceed, dismissing a petition for lack of evidence. However, barely a week later, a separate High Court ruling in Nairobi—prompted by a new petitioner—suspended the process again.
The TSC argues that the latter case addresses issues already conclusively determined, suggesting that the judicial process is being used as a tool for strategic delay rather than a pursuit of genuine constitutional clarity.
Chief Justice Koome has responded by emphasizing the principle of judicial independence, while simultaneously acknowledging the need to protect the integrity of the process. A hearing has been set for March 5, 2026, to resolve whether the latest challenge holds water or if it is an attempt to stall a critical state process.
For the thousands of teachers awaiting policy clarity on everything from medical cover to recruitment, the outcome of this legal standoff will determine whether the TSC enters the second half of 2026 with a clear mandate or remains in a state of administrative limbo.
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TSC CEO recruitment delay 2026, Martha Koome TSC complaint, Nancy Macharia successor, Evaleen Mitei acting CEO, Kenya Teachers Service Commission legal battle, High Court stops TSC recruitment.
