TEACHERS SERVICE COMMISSION
STATEMENT ON THE TEACHER INTERNSHIP COURT CASE
1) In 2019, the Teachers Service Commission introduced the Teacher Internship Programme in the public teaching sector, aligning with the Government’s resolve and focus on creating jobs and boosting youth employment, particularly for recent graduates.
The programme aims to provide newly qualified teachers with handson teaching experience to improve their skills and enhance their competitiveness for the job market.
2) In 2023, a Petition was filed at the Employment and Labour Relations Court challenging the validity of the Programme.
This matter culminated in a judgment of the Court of Appeal, which declared the initiative unconstitutional.
3) The Commission expressed its dissatisfaction with the judgments of the Employment and Labour Relations Court, as well as the Court of Appeal. Consequently, exercising its constitutional right to appeal to the Supreme Court of Kenya.
4) Even as the Commission pursues this legal mechanism, we are mindful of the vital role played by our Teachers and Teacher Interns in the implementation of the curriculum and the urgent need to address their employment welfare.
To this end, the Commission is actively engaging the National Treasury, National Assembly and other relevant Government agencies for the necessary budget for employment of teacher interns on permanent and pensionable terms of service.
5) 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.
6) By an Order dated 30th April 2026, the Supreme Court has stayed the implementation of the decision of the Court of Appeal dated 27th February 2026, including, in particular, the finding that the Commission’s Circular Ref. No. TSC/DS/RECRUIT/ADVERT/18A/VOL. II dated 4th January 2023, and the 30th April, 2026 subsequent internship contracts are unconstitutional, pending the hearing and determination of the Commission’s Application.
7) By implication, the status obtaining before the Court of Appeal Judgment SHALL be preserved until further directive from the Court.
8) 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.
This is particularly pertinent given that no budget had been allocated for the immediate, permanent employment of the teacher interns.
9) In conclusion, 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.
Signed.
MS. E. J. MITEI, MBS
AG: COMMISSION SECRETARY/CHIEF EXECUTIVE