Supreme Court Halts Court of Appeal Ruling on TSC Teacher Internship Programme
Supreme Court Throws TSC a Lifeline
The Teachers Service Commission (TSC) has secured a significant legal reprieve after the Supreme Court stayed a recent Court of Appeal judgment that had declared the teacher internship programme unconstitutional.
In a formal statement dated 30th April 2026, the commission confirmed that the apex court has halted the implementation of the lower court’s decision, effectively preserving the status quo for thousands of intern teachers across the country.
Background of the Legal Battle
The internship initiative was introduced in 2019 as a strategic move to align with the government’s agenda on youth employment. It was designed to equip newly qualified teachers with hands-on experience while bridging staffing gaps in public schools.
However, the programme faced a major hurdle in 2023 when a petition was lodged at the Employment and Labour Relations Court challenging its validity. This legal contest recently culminated in a Court of Appeal ruling on 27th February 2026, which struck down the initiative, declaring the subsequent internship contracts unconstitutional.
TSC Appeals and Seeks Funding
Expressing dissatisfaction with the judgments from both the Employment and Labour Relations Court and the Court of Appeal, TSC exercised its constitutional right to escalate the matter to the Supreme Court.
While the legal mechanisms run their course, the commission has noted that it is fully aware of the crucial role played by teacher interns, particularly in the roll-out of the curriculum. TSC is currently in active talks with the National Treasury, the National Assembly, and other relevant government agencies.
The primary goal is to secure the necessary budgetary allocation to transition these interns to permanent and pensionable terms of service. For more updates on teacher employment and welfare, you can visit teacher.co.ke.
Averting a Crisis in Junior Schools
The Supreme Court’s order dated 30th April 2026 provides a critical buffer. According to the TSC, an abrupt termination of the internship programme would have sparked a massive crisis in the education sector.
Such a sudden move would have been highly disruptive and detrimental to the learning of over two million Junior School students. The commission highlighted that this disruption would have been exacerbated by the fact that there was no immediate budget allocated for the instant permanent employment of the intern teachers.
Call for Calm and Commitment
With the status quo preserved until the Supreme Court issues further directives, the acting Commission Secretary and Chief Executive, Ms. E. J. Mitei, has urged educators to remain steadfast.
The commission is calling on all teachers to remain committed to their duties as it continues to fight for better terms and conditions of service and their overall welfare.
