Court clears TSC CEO recruitment petition for full trial
The court ruled that the petition can proceed without adding the applicant, saying his arguments were already well captured in the main suit.
A legal challenge over the hiring of the next Teachers Service Commission (TSC) chief executive will now go to full trial after the Employment and Labour Relations Court declined a request by one of the applicants to join the case.
The court ruled that the petition can proceed without adding the applicant, saying his arguments were already well captured in the main suit.
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The judge dismissed the application by Adano Salad Kadubo, who had asked to take part in a petition filed by Thomas Mosomi Oyugi against TSC and several State bodies.
The court found that the issues Kadubo wanted to introduce were no different from what the petitioner had already raised. It also noted that the documents he submitted did not bring out fresh details that would affect the case.
“The petition can be justly decided without his involvement as a party to the proceedings. I come to the inevitable conclusion that the intended interested party’s application is hereby dismissed,” the judge said.
In his filings, Kadubo said he has a long-standing interest in taking over from former CEO Nancy Macharia. He stated that when the job was advertised, Macharia was still serving and was not expected to leave until June 6.
“There was no vacancy in the office at the time. I expected that once the position became vacant, the Commission would advertise it in newspapers with nationwide circulation,” he stated.
He further argued that the vacancy should have been declared in the Kenya Gazette before the process began.
He said TSC acted unfairly by placing the announcement only in the MyGov newspaper on May 6, 2025, and on its website.
“MyGov newspaper is not common and has no nationwide circulation. That is why I was not aware of the advertisement,” he said.
Kadubo insisted that advertising a role that was not vacant went against the law and amounted to recruiting for an office that did not yet exist.
He added that with an acting chief executive already in place, pausing the process would not harm anyone, as the constitutional issues needed proper determination.
TSC opposed his request through an affidavit by its chairperson, Jamleck Muturi John, who explained that Kadubo had not reached the legal threshold required to be added to the case.
He said the application did not give new insight and only showed Kadubo’s personal wish to be CEO.
Muturi argued that while the main case is a public matter, the application focused on personal interest.
The judge agreed, ruling that Kadubo had not met the strict conditions for being allowed into a constitutional petition, clearing the way for the main challenge to continue to full hearing.
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