Kenya’s education sector is once again under the microscope as a heated human rights debate takes centre stage following the decision by the Teachers Service Commission (TSC) to extend teacher internship contracts from 12 months to 24 months. What began as an employment policy decision has now escalated into a national labour justice conversation, prompting questions about dignity, equality, and constitutionally protected labour rights.
The controversy intensified when intern teacher Nehemiah Kipkorir officially moved to court, challenging TSC’s authority and accusing the Commission of disregarding the fundamental principles of fair labour practice. His petition has opened a wider discourse about whether Kenya’s internship strategy aligns with ethical employment standards or inadvertently institutionalises exploitation within the education sector.
At the heart of the storm lies an uncomfortable reality: intern teachers are performing the full duties of trained educators while earning significantly less and lacking benefits such as allowances, job security, and pension contributions. Human rights advocates argue that this contradiction alone legitimises the claim that the programme violates multiple labour protections embedded in the Constitution.
The Kenya Human Rights Commission (KHRC) has particularly been vocal. Its Deputy Education Director, Cornelius Oduor, has repeatedly condemned the internship model, citing previous court findings that questioned the legality of categorising trained, registered teachers as interns. In Oduor’s view, the government’s continued application of this model constitutes a systemic human rights issue rather than merely an administrative decision.
According to him, the prolonged internship structure undermines human dignity by failing to recognise the professional status and qualifications of these teachers. “These are not learners. They are full professionals who have completed their training and met registration requirements,” he noted. “The state cannot continue to mask employment under an internship label while demanding full service output.”
For many observers, the move to extend internships to two years ignites a deeper concern about the future of labour protections in Kenya. If teachers — one of the country’s largest professional groups — can be subjected to extended underpaid labour, what does this mean for the rest of the workforce?
This question is particularly relevant because the internship comes at a time when Junior School is facing a severe staffing crisis. With over 72,000 teachers needed to stabilise teaching and learning under the Competency-Based Curriculum (CBC), interns have been stepping into classrooms to fill a gap that would otherwise cripple the system. They prepare lessons, mark assessments, guide learners, support clubs, and manage daily school operations — tasks identical to those performed by permanently employed teachers.
Yet, despite the similarity in duties, their compensation stands at only Sh20,000 before statutory deductions, leaving many with less than Sh17,000 net pay in some cases. They are not entitled to commuter allowances, house allowances, hardship allowances, medical cover, or pension contributions. This disparity lies at the centre of the human rights outcry.
From an ethical standpoint, critics argue that the government cannot solve a teacher deficit by creating a pool of underpaid labourers. Such a model, they say, undermines decent work standards and creates a hierarchy within the teaching profession that discriminates against younger and newly qualified teachers.
For the Kenya Junior School Teachers Association (Kejusta), this struggle is personal. Its chairperson, James Odhiambo, who once served as an intern teacher, has described the extended internship as “institutionalised suffering.” He believes the programme places young teachers at a disadvantage during the formative stages of their careers, where financial stability and employment certainty are essential.
Beyond the labour rights concerns, a constitutional dimension also emerges. The petitioner argues that TSC’s decision violates Article 10 (public participation), Article 41 (fair labour practices), and Article 27 (equality and freedom from discrimination). Additionally, the petition states that TSC may have acted under political influence — a claim centred on the President’s recent directive that interns would only transition to permanent terms after two years.
The Constitution, particularly Article 249, explicitly protects independent commissions from such influence. If the court agrees that the directive played a part in the contract extension, it could set a significant precedent for safeguarding commission independence in Kenya.
Meanwhile, the interns — over 20,000 across the country — continue to express uncertainty about their future. Many fear that the extension is only the beginning of prolonged temporary employment. Others worry that budget constraints could delay absorption even after the two years lapse.
As Kenya awaits the court’s ruling, one thing is clear: the internship issue is no longer just a human resource debate. It has evolved into a national reflection on the country’s commitment to labour justice, human dignity, and the ethical management of public service professionals. The outcome of the case may well redefine employment standards in the education sector for years to come.
