A leadership vacuum at the Teachers Service Commission (TSC) is raising concerns across Kenya's education sector as the tenure of acting Chief Executive Officer, Eveleen Mitei, surpasses the legally stipulated six-month period. The delay stems from a court order that halted the recruitment of a permanent successor to Dr. Nancy Macharia, who retired on June 30, 2025, after a decade at the helm. This protracted succession battle has cast a shadow over the commission, with significant implications for teacher management and upcoming collective bargaining agreement (CBA) negotiations.

The process to replace Dr. Macharia began on May 6, 2025, when the TSC advertised the CEO vacancy. However, the recruitment was abruptly stopped when the Employment and Labour Relations Court in Mombasa issued an injunction in late May 2025. The court order was in response to a petition filed by Mombasa resident Thomas Mosomi Oyugi, who challenged the constitutionality and fairness of the hiring criteria. The petition specifically questioned the legality of Section 16(2) of the TSC Act, which mandates that candidates for the CEO position must hold a degree in education. Oyugi's petition argued this requirement is discriminatory and could exclude qualified individuals from other professional backgrounds. The court certified the application as urgent and ordered the recruitment process to be paused pending a hearing.

Implications for Kenyan Teachers

The leadership impasse is creating uncertainty and has tangible consequences for Kenya's teaching workforce. Officials from the Kenya National Union of Teachers (KNUT) have voiced concerns that the absence of a substantive CEO is hindering the negotiation of the 2025-2029 CBA. Without a permanent accounting officer in place, the union has questioned who can authoritatively sign off on a new agreement, potentially delaying salary reviews and improvements to working conditions for teachers. This delay comes at a time when teachers are grappling with a high cost of living, making the CBA negotiations particularly critical.

Dr. Macharia's ten-year tenure saw significant reforms, including the implementation of two multi-billion shilling CBAs, the introduction of the Teacher Performance Appraisal and Development (TPAD) system, and the hiring of over 100,000 teachers. Her successor will be expected to navigate the complex landscape of teacher management, including ongoing staffing shortages and the implementation of the Competency-Based Curriculum (CBC).

The Acting CEO and the Path Forward

Eveleen Mitei, a long-serving TSC insider, was appointed acting CEO on June 1, 2025, as Dr. Macharia proceeded on terminal leave. Mitei, who previously served as the Director of Teacher Discipline Management, has been with the commission since 1994. She holds a Master of Science in Human Resource Management from the University of Manchester and a Bachelor of Education from Moi University. While her appointment was intended to ensure a smooth transition, the ongoing legal battle has extended her interim leadership indefinitely. The commission is now in a holding pattern, awaiting the court's decision on the petition before it can restart the CEO recruitment process. The outcome of the case will not only determine the qualifications of the next TSC leader but will also set a precedent for leadership recruitment in other key public sector roles. The education sector watches keenly, hoping for a swift resolution that will bring stability to the commission responsible for its most vital resource: its teachers.