A new petition has been filed at the Employment and Labour Relations Court in Kisii, challenging the Teachers Service Commission's (TSC) recruitment process for a new Chief Executive Officer (CEO). The petitioner, Evans Morara Nyangongo, argues that the commission's advertisement for the position on September 29, 2026, was not properly authorised and did not formally cancel an earlier advertisement issued in May 2025.
This is not the first time the recruitment process has faced legal challenges. In January 2026, the High Court in Mombasa dismissed a petition challenging the academic qualifications required for the position, allowing the commission to proceed with the recruitment. However, on September 17, 2026, the High Court in Kiambu quashed the recruitment process initiated in May 2025, citing violations of the commission's own recruitment guidelines.
The Kiambu court found that the advertisement published on May 6, 2025, gave applicants only 13 days to apply, against the minimum 14 days required under the commission's Human Resource Policies and Procedures Manual. The court also faulted the failure to disclose the proposed remuneration in the advertisement, declaring the recruitment process unlawful.
Nyangongo's petition questions the legality of the fresh advertisement, arguing that the commission has not demonstrated that the new recruitment was properly authorised. He alleges that the advertisements were not sanctioned by a resolution of the Teachers Service Commission and that the September notice did not revoke or cancel the initial advert dated May 6, 2025.
The petitioner also challenges the authority of the TSC chairman to publish the advertisements on behalf of the commission, claiming that the chairman usurped the statutory mandate of the commission's secretary to execute its decisions. Furthermore, Nyangongo questions the use of the chairman's personal and unofficial email address to publish the advertisements.
The petition also raises concerns about the position of acting chief executive Evaleen Mitei, alleging that her role presents a potential conflict of interest if she intends to apply for the substantive position. Nyangongo argues that, in her acting capacity, Mitei has access to commission resolutions and communications relating to the recruitment and appointment of the substantive secretary.
Nyangongo argues that the issues raised transcend his personal interests, describing them as matters of "great public and national interest." He wants the Kisii court to certify the application as urgent and issue conservatory orders stopping the recruitment process pending an inter partes hearing and determination of the claim.
Key points
- A fresh petition has been filed challenging the Teachers Service Commission's recruitment process for a new CEO.
- The petition cites alleged irregularities and seeks to stop the process.
- This is not the first time the recruitment process has faced legal challenges.
