A deep dive into the controversy surrounding the TSC CEO job advertisement, the claims of limited public access, and what the case reveals about transparency in public service recruitment.
The recruitment of Kenya’s next Teachers Service Commission (TSC) chief executive has taken a dramatic turn, triggering a national debate over transparency, fairness, and the communication channels used by public institutions. What should have been a straightforward leadership transition has instead created a constitutional dispute, with critics claiming that the Commission mishandled the vacancy announcement—ultimately shutting many qualified candidates out of the process.
At the center of this storm is the question of whether the TSC advertised the CEO position in a manner that was open, accessible, and compliant with the standards expected of a constitutional commission. According to one of the complainants, Dr. Adano Salad Kadubo, the answer is a resounding no.
The controversy began when the TSC published the job advertisement on May 6, 2025. At face value, this might appear routine—senior positions often require early advertisements to ensure smooth transitions. However, former CEO Nancy Macharia was still officially in office at the time. Her term was set to expire on June 6, a full month after the advertisement.
For many critics, including Dr. Kadubo, this timing raised a fundamental question: Can a public institution declare a vacancy before the office is legally vacant?
To them, advertising the role early amounted to preselection and planning for a position that did not technically exist. This, they argued, breached constitutional principles that require public offices to follow a clear legal process when declaring vacancies. If the office was still occupied, then—at least legally speaking—no vacancy should have been available to advertise.
The Advertising Medium: A Point of National Concern
While the timing was contentious, the advertising medium drew even sharper criticism. Instead of announcing the vacancy through widely circulated national newspapers or the Kenya Gazette, the TSC published it in the My Government newspaper—a publication with limited readership and minimal presence in most Kenyan households.
To the complainants, this was a deliberate move that significantly restricted the number of people who would see the job notice. Many Kenyans, including potential applicants, had never even heard of the publication.
Dr. Kadubo argued that:
The newspaper lacks nationwide distribution
It is not commonly available in rural areas
It does not meet the standard of “public notice” expected for high-profile positions
The advertisement’s limited reach undermined fairness and equal opportunity
In short, critics believe the TSC used a publication that minimized visibility, which could lead to an unfair advantage for certain insiders or preferred candidates.
Website Posting: Necessary but Not Sufficient
TSC also posted the vacancy on its official website. But according to the complainants, this was not enough to meet constitutional standards.
Many Kenyans struggle with:
Limited internet access
Unstable connectivity
Low digital literacy
Device limitations
Therefore, relying heavily on digital postings, they argue, disadvantages rural, elderly, or economically marginalized citizens. For a national job impacting millions of teachers and learners, critics say the Commission should have employed the most inclusive communication channels available.
Should the Vacancy Have Been Declared in the Kenya Gazette?
Another argument centers on the Kenya Gazette—a legally recognized platform for official public announcements. Many public positions, especially at the senior level, require gazettement to formalize the vacancy declaration.
The complainants insist that failing to gazette the vacancy:
Violated established administrative procedures
Undermined the formality and legality of the process
Reduced public accountability
Created confusion about when the role officially became open
Their contention is simple: if the vacancy was never declared in the Gazette, then the recruitment process may have lacked a solid legal foundation.
TSC Responds: “We Followed the Law”
The Teachers Service Commission has firmly defended its actions. According to its chairperson, Dr. Jamleck Muturi, the Commission adhered to all relevant procedures and was under no obligation to use specific newspapers or media outlets.
Dr. Muturi insisted:
The advertisement reached the intended audience
The process was transparent and lawful
Succession planning justifies early advertisements
Claims of exclusion are rooted in personal dissatisfaction, not legal defects
He further dismissed the complaints as attempts by individuals to influence the process for personal gain.
Is Transparency Only About Following the Minimum Requirements?
This controversy forces Kenya to confront a deeper question: Is meeting the legal minimum enough, or should transparency demand more?
Many governance experts argue that constitutional commissions must not only follow the law but also uphold the spirit of fairness and public accessibility.
If a recruitment process appears closed, rushed, or selectively communicated—even if technically lawful—it risks losing public trust.
Broad Implications for Kenya’s Public Service
This case highlights several systemic issues:
Ambiguity in advertising standards Agencies lack clear, standardized guidelines on how to communicate high-level vacancies.
Digital exclusion Heavy reliance on online platforms disadvantages a large portion of the population.
Increasing public scrutiny Kenyans are increasingly willing to challenge recruitment processes in court, signaling a shift toward accountability.
Expectations of transparency Citizens now expect more than procedural compliance—they expect openness and fairness.
A Necessary Debate for the Education Sector
Education remains one of Kenya’s most sensitive and scrutinized sectors. The leadership of the TSC has far-reaching implications for teacher management, curriculum implementation, and labor relations. Any concerns about how that leadership is selected quickly become national issues.
Whether the advertisement was legally sufficient or not, the controversy has ignited a necessary conversation: How transparent should public recruitment be in a modern democracy?
