Thousands of intern teachers will continue working in public schools after the highest court temporarily blocked the cancellation of their programme, keeping the Teachers Service Commission in control of staffing even as pressure rises from educators demanding permanent jobs and better terms.
The decision by the Supreme Court comes after it suspended enforcement of an earlier ruling that had declared the internship arrangement unlawful and ordered its removal. The move means the current system remains active as the dispute moves to full hearing.
In an order issued on Thursday, Chief Justice Martha Koome and five other judges granted interim stay orders stopping the implementation of the Court of Appeal judgment delivered on February 27.
“The Motion is certified as urgent, and pending the hearing and determination of the Notice of Motion dated 21st April 2026, an interim order of stay of execution of the decision and orders of the Court of Appeal... is hereby granted,” read the order.
The halted judgment had supported an earlier decision by the Employment and Labour Relations Court, which found the internship programme unlawful and said trained teachers under the scheme were effectively employees who should not be placed on lower terms.
The ruling had placed the future of more than 44,000 intern teachers in doubt and triggered calls for either full absorption into permanent and pensionable terms or a complete overhaul of the model.
In recent days, Junior Secondary School teachers staged demonstrations across the country, demanding that all interns be confirmed immediately, alongside publication of a clear plan showing timelines for absorption.
They also demanded that the internship period be counted in salary progression, pension, promotions, leave entitlement, and career advancement. The teachers further pushed for an end to the internship system for trained teachers and prioritisation of recruitment of STEM instructors.
Intern teachers currently earn Sh17,000 monthly, according to their payslips.
The Supreme Court order also paused enforcement of the decision that had declared TSC Circular No. TSC/DS/Recruit/Advert/18A/Vol.II of January 4, 2023, and all internship contracts issued under it unconstitutional. This keeps the Teachers Service Commission operating under the existing framework until the case is fully resolved.
The earlier appellate court ruling had upheld a lower court decision which found the programme discriminatory and said it exposed trained teachers to unfair employment terms compared to permanent staff.
The Teachers Service Commission warned that an immediate end to the programme would have caused major disruption in learning, especially in junior secondary schools where most interns are deployed.
“The Commission underscores that the sudden termination of the programme, as initially directed by the Court of Appeal, would have been extremely disruptive and detrimental to the interests of more than two million Junior School students,” said acting CEO Evaleen Mitei.
The Commission noted that interns are currently supporting teaching for more than two million learners and said there was no budget prepared for immediate absorption into permanent roles.
“This is particularly pertinent given that no budget had been allocated for the immediate, permanent employment of the teacher interns.”
TSC said it has begun discussions with the National Treasury, National Assembly, and other government offices to explore funding options that could support the transition of interns into permanent and pensionable positions.
“Through the court action, the Commission endeavours to secure a definitive judicial examination of the legal and factual issues relevant to the Teacher Internship Programme, thereby seeking an authoritative and final legal resolution on the matter,” said Ms Mitei.
Teachers have been urged to remain in their stations as the legal process continues, with TSC promising ongoing engagement on improvement of their employment terms.
“We urge our teachers to remain committed in their work as the Commission strives to improve their terms and conditions of service and their general welfare,” she said.
The internship programme was introduced through a circular dated January 4, 2023, which invited trained and registered teachers to apply for thousands of teaching vacancies under the internship model.