The Teachers Service Commission (TSC) has secured a significant lifeline after the Supreme Court of Kenya stayed the execution of a Court of Appeal ruling that had declared the commission’s teacher internship programme unconstitutional and illegal.
The apex court’s order temporarily suspends the effects of the February 2026 Court of Appeal judgment, which had upheld an earlier Employment and Labour Relations Court decision nullifying TSC’s internship policy for junior secondary school (JSS) teachers. This development prevents any immediate disruption to the contracts of over 44,000 intern teachers currently serving in public schools.
The dispute stems from TSC’s 2023 recruitment drive aimed at addressing severe teacher shortages during the rollout of the Competency-Based Curriculum (CBC). Instead of offering permanent and pensionable terms, the commission engaged thousands of qualified and registered teachers on short-term internship contracts with lower stipends. Teacher unions and rights groups challenged the arrangement, arguing it amounted to exploitative labour practices and violated constitutional protections on fair employment.
In its ruling, the Court of Appeal found the programme discriminatory, lacking a proper legal framework, and inconsistent with the definition of employees under Kenyan labour law. The judgment raised serious concerns about the future of the affected teachers, with fears of mass contract terminations and a potential staffing crisis in junior secondary schools.
Unions, particularly the Kenya Union of Post Primary Education Teachers (KUPPET), reacted strongly to the appellate decision. National Chairman Omboko Milemba declared “no more intern teachers” and urged TSC to seek parliamentary funding to absorb the 44,000 interns on permanent and pensionable terms. Many viewed the ruling as a long-overdue victory for teacher rights against what they described as cheap labour.
However, the Supreme Court’s stay order now shifts the momentum back in TSC’s favour, at least in the short term. The commission can maintain the status quo on existing internships while the matter proceeds for full hearing and determination at the highest court. This buys valuable time for TSC to prepare its defence and explore transitional arrangements for the serving interns.
Education stakeholders have warned that prolonged legal uncertainty could further disrupt learning in junior schools, which are already navigating challenges associated with the CBC transition. The case has also brought to the fore broader systemic issues, including chronic teacher shortages, budget constraints facing the government, and the need for a clear, constitutionally sound policy on internships in the education sector.
As proceedings move to the Supreme Court, both TSC and teacher unions are expected to intensify lobbying and preparations. A final ruling could set a landmark precedent on labour rights in Kenya’s public service, particularly regarding the engagement of professionals under internship or contract arrangements.
For now, the over 44,000 intern teachers remain in a state of cautious limbo — their immediate positions protected, yet their long-term job security still hanging in the balance pending the apex court’s ultimate decision.
