A court has temporarily stopped the Teachers Service Commission from recruiting senior school teachers in Garissa, Wajir, Mandera and Lamu counties, following a petition by three tutors who claim they are being asked to reapply for positions they already hold.
The trio argued that they have been serving under contract in these counties, expecting permanent appointments, while Junior Secondary School interns are being absorbed without undergoing a fresh recruitment process.
They say the advertised positions, listed as “Attrition Vacancies,” are inaccurate and intended to replace them with new staff despite their ongoing service.
“The pending hearing of this application, this honorable court is pleased to issue an interim conservatory order staying the recruitment process advertised by the respondent vide the advertisement titled…,” the court ruled in its interim order.
Lawyer Charles Mwalimu was directed to serve the court documents to the Teachers Service Commission, which has seven days to submit a response.
The teachers claim the differential treatment is unconstitutional.
“It is within public knowledge that the respondent has simultaneously been confirming Junior Secondary School (JSS) interns to permanent terms to ensure continuity, while subjecting the Petitioners, who serve in hardship zones, to fresh recruitment for their own jobs. This differential treatment violates Article 27 of the constitution (Freedom from Discrimination),” said Titus Kyalo Kilonzo.
Kyalo, who was hired as Secondary Teacher II (Grade C2) on a three-year contract in June 2023, said his colleagues joined at various dates between 2020 and 2023 to serve in the same counties under similar contract terms. The full case is scheduled for hearing on February 9.
