The Employment and Labour Relations Court has slammed the brakes on the Teachers Service Commission’s (TSC) latest recruitment drive, issuing a conservatory order that throws the fate of thousands of educators in Northern Kenya into limbo.

In a ruling that exposes the deep fissures in Kenya’s education sector, Justice Jemimah Keli has temporarily halted the hiring process in Garissa, Wajir, Mandera, and Lamu counties. The order, issued on January 28, 2026, stops the TSC from shortlisting, interviewing, or deploying any new teachers to positions that serve as the lifeline for the region’s fragile school system.

Constructive Dismissal Claims

The legal battle was ignited by three aggrieved teachers—Titus Kilonzo, Johnson Munyoki, and Lawrence Kirimi George—who accuse the commission of a "discriminatory" and "malicious" attempt to replace them. The petitioners argue that the TSC’s decision to re-advertise the very positions they currently hold amounts to constructive dismissal, a move they claim would render them "jobless and destitute" overnight.

"We have served in these hardship zones when no one else would," the petitioners argued in their filing. "To now advertise our exact subject combinations and workstations to outsiders, while we are still on contract, is a betrayal of the highest order." The court certified the matter as urgent, scheduling an inter partes hearing for February 9, effectively freezing the recruitment machinery until then.

• The Human Cost: The petitioners described a harrowing reality where contract teachers in security-prone areas work under constant threat of terror attacks, only to be discarded when the employer seeks "fresh blood." They argue this violates Article 41 of the Constitution on fair labour practices.
• The TSC’s Dilemma: The Commission is now caught between a rock and a hard place. With schools in the region facing chronic staff shortages due to insecurity, the recruitment drive was intended to plug gaps. However, the method—allegedly bypassing sitting contract teachers—has backfired spectacularly.

A Crisis of Confidence

This standoff is symptomatic of a broader crisis in the North Eastern region. For years, the area has suffered from a mass exodus of non-local teachers fleeing Al-Shabaab threats. The TSC’s strategy has often been to recruit on short-term contracts, but the transition to permanent and pensionable terms remains a contentious battlefield. The court’s intervention suggests that the judiciary is no longer willing to turn a blind eye to procedural irregularities masked as "administrative necessity."

Education stakeholders in Garissa have welcomed the ruling. "You cannot build a system on injustice," remarked a local KNUT official who spoke on condition of anonymity. "These young men and women held the fort when the guns were blazing. They deserve the first right of refusal, not a dismissal letter disguised as an advertisement."

What Next?

As the clock ticks towards the February 9 hearing, anxiety grips the staffrooms of the affected counties. If the court rules in favor of the petitioners, the TSC may be forced to absorb the current contract teachers automatically. If not, a new wave of recruitment will proceed, likely leaving the current crop of educators in the cold. For now, the chalk has been downed, and the gavel has spoken.