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Court ruling fails to save aging teachers from joblessness

TSC Acting Chief Executive Officer Eveleen Mitei before the National Assembly Education Committee on Wednesday, July 9, 2025. [Mike Kihaki, Standard] 

More than 39,000 registered teachers aged 45 and above remain unemployed by the Teachers Service Commission (TSC) despite a 2019 court ruling declaring age-based hiring restrictions unconstitutional.

Teachers Service Commission (TSC) Acting Chief Executive Officer Eveleen Mitei told the National Assembly Education Committee on Wednesday, July 9, that as of June, the Commission had 39,017 registered teachers over 45 who were not employed.

“The fact that the teachers are indicated as unemployed by the Commission does not necessarily mean that the said teachers are available in the job market,” noted Mitei.

She explained that many have moved into other sectors, including private schools. However, lawmakers questioned why thousands remain sidelined even as public schools struggle with shortages.

In Uasin Gishu County, 56 teachers aged 45 and above are currently unemployed, with Soy leading at 20, followed by Moiben with 11, Turbo and Ainabkoi with nine each, Kapseret with four and Kesses with three.

Mitei observed that out of the 39,017, only 2,837 have provided complete data, including county and sub-county of residence, complicating efforts to reach them during recruitment.

“The Commission has no age limit for purposes of recruitment. The Commission adopted open and merit-based recruitment that allows all registered and qualified teachers to apply regardless of age,” explained Mitei.

She stated that the Commission recruited 516 teachers aged over 45 from 1,264 applicants in the 2024/2025 financial year, using affirmative action measures such as awarding additional points to older candidates and those who graduated earlier.

“We recognise the years these teachers have waited. This approach ensures that experience and patience are not punished in the hiring process,” Mitei told the committee.

National Assembly Education Committee Chairperson Julius Melly. [Mike Kihaki, Standard]

However, National Assembly Education Committee Chairperson Julius Melly urged the Commission to do more.

“Qualified and ageing teachers must be treated with dignity and should not be left behind in the hiring process. They deserve an equal opportunity to serve, especially after decades of waiting,” Melly told lawmakers.

Budget constraints remain a key hurdle to large-scale recruitment, with Mitei noting that the Teachers Service Commission (TSC) has appealed to Parliament for increased funding to clear backlogs.

“Recruitment is premised on the availability of funds and existing vacancies. We’ve advised the National Government to support market-driven teacher training and enhance our budget,” she explained.

Lawmakers also raised concerns over the Commission’s opaque data, questioning why graduation years are missing from registration records. Mitei clarified that the system captures dates of birth, gender, identification details and contact information but does not collect graduation years.

“Our systems capture date of birth, gender, ID, and contact information, but not the year of graduation,” she noted