The Teachers Service Commission has formally flagged concerns to Chief Justice Martha Koome over ongoing court interventions that have prevented it from filling the position of chief executive officer for nearly a year.
This month, the High Court ordered a pause on the recruitment process following a petition filed by Kiambu resident Simon Kariu Kimaita.
The order came just days after a Mombasa judge had cleared the way for the commission to proceed with the recruitment, which had been frozen since last year. The TSC has been without a permanent CEO since Nancy Macharia retired on June 30, 2025, with Evaleen Mitei acting in the role.
Previously, a petition by Thomas Mosomi Oyugi was dismissed after the court ruled that it lacked merit and did not demonstrate a public interest impact.
The commission contends that Kimaita’s petition raises matters already addressed in the Employment and Labour Relations Court ruling in Mombasa and should be struck out.
Responding to a letter from TSC chairman Jamleck Muturi dated February 6, 2026, Chief Justice Koome said, “I have received and considered the response from the respective Hon. Judge addressing the concerns raised in your complaints.”
She noted that litigants are expected to disclose any prior or pending cases, in accordance with Civil Procedure Rules, to protect the integrity of judicial proceedings and prevent forum shopping.
Through its lawyer Cavin Anyuor, the commission cautioned in a certificate of urgency on February 5, 2026, that failure to appoint a permanent CEO risks disrupting operations and the wider public teaching service.
Anyuor said the sweeping conservatory orders have created leadership gaps, disrupted institutional continuity, and slowed decision-making as well as the implementation of key programs.
Chief Justice Koome clarified that the case will be heard on March 5 to ensure both sides can present their arguments. She added that the hearing will focus on whether arguable constitutional issues exist, not on resolving the constitutionality of the challenged provisions, while maintaining respect for judicial independence.
