MPs demand explanation from TSC over failure to employ teachers aged over 45
MPs condemned the commission’s continued disregard of the 2019 Employment and Labour Relations Court ruling, which found the age restriction discriminatory and in violation of the right to equal opportunity.
The Teachers Service Commission (TSC) is on the spot for locking out thousands of teachers aged over 45 from its employment processes, despite a court ruling declaring the age cap unconstitutional.
Members of Parliament have condemned the commission’s continued disregard of the 2019 Employment and Labour Relations Court ruling, which found the age restriction discriminatory and in violation of the right to equal opportunity.
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The legislators, led by Soy MP David Kiplagat, made the remarks while contributing to a request for a statement in the National Assembly, demanding that the TSC appear before the Education Committee to explain why it has not employed teachers who are above 45 years of age.
“Honourable Speaker, it is against this background that I request for a statement from the Chairperson of the Departmental Committee on Education on the following; A report on the number of registered teachers above 45 years who are currently not employed by TSC, indicating their year of graduation, year of registration and current ages and distribution countrywide,” Kiplagat said.
He also demanded a report on the number of teachers aged above 45 years that were absorbed by TSC in the recent recruitment, specifying the distribution, efforts being made to implement affirmative action to address the plight of teachers aged above 45 years and plans being put in place by the TSC to adjust the current recruitment framework, with the aim of discouraging prolonged delays in employment and late entry into the profession.
Tinderet MP and Chairperson of the National Assembly Departmental Committee on Education, Julius Melly, said the commission would be summoned to shed light on the matter, noting that the issue had been under active review by the committee.
“This issue has been seized a lot by the Committee on Education, noting that a number of teachers, because of the age rule, have failed to be employed,” Melly said.
“The teacher needs to be employed even if it is for two weeks.”
Kiplagat further reminded the House that the Employment and Labour Relations Court had in 2019 ruled that the TSC’s age cap for recruitment was unconstitutional and discriminatory, as it violated the right to non-discrimination and denied qualified teachers the opportunity to serve up to the retirement age of 60.
He noted that the court had ordered the TSC to recruit teachers above 45 years without age limitation, but the commission had failed to comply with the directive.
“This group of teachers have been continuously applying for jobs, meeting all recruitment requirements, but are still overlooked in hiring processes,” he said.
“This happens despite Kenya facing a severe shortage of teachers, with over 110,000 vacancies reported in 2023, including a deficit of 72,422 teachers in junior secondary schools alone, yet, more than 350,000 qualified teachers remain unemployed, a significant number being above 45 years.”
He decried that their exclusion from recruitment drives has fostered despair and disillusionment, calling for affirmative action by the TSC to offer them employment opportunities before they reach the mandatory retirement age of 60.
The request for a statement comes just days after the TSC was also put on the spot over the recent promotions of 151,611 teachers. MPs alleged that the commission promoted candidates who scored 80 per cent in interviews while ignoring others who attained 100 per cent.
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