Why intern teachers are on the brink after TSC court blow

More than 43,000 teachers could be rendered jobless following a court ruling that declared their engagement under internship terms unlawful.

The Teachers Service Commission (TSC) says it is now faced with two stark options: terminate the contracts or seek additional funding to absorb them on permanent, pensionable terms.

The commission has described the landmark decision as one that has plunged it into a major policy and financial dilemma.

The Court of Appeal ruling, delivered on February 27, was intended to secure better employment terms for teachers.

The judges found that treating qualified teachers as interns—earning lower pay than their permanently employed counterparts—amounts to discrimination.

The court consequently ordered TSC to stop hiring trained and registered teachers under the internship programme.

In a statement to Parliament, TSC indicated the interns are now staring at possible job losses, even as MPs push for their absorption through additional funding from the National Treasury.

However, employing all 43,000 teachers carries significant budgetary implications, a challenge compounded by the country’s tight fiscal space.

For instance, the government allocated Sh4.8 billion in January 2025 to recruit 20,000 intern teachers.

Appearing before the National Assembly’s Education Committee, TSC warned that complying with the ruling in its current form could disrupt learning across the country, given the critical role interns play in addressing teacher shortages.

“It is true that on February 27, the Court of Appeal declared the internship programme illegal and unconstitutional,” TSC director of legal services Cavin Anyuor told the committee chaired by Tinderet MP Julius Melly.

He was responding to Kitutu Masaba MP Clive Gisairo, who had sought clarity on whether the court granted the commission a transition period to comply with the directive.

Anyuor said the ruling leaves TSC with only two options, though consultations are ongoing before a final decision is made.

“We have two options, to terminate the contracts or confirm into permanent and pensionable, which means we must look for additional budgetary allocations,” Melly said.

“We are consulting and the commission will announce the way forward.”

He spoke while accompanying TSC acting chief executive officer Evaleen Mitei during consideration of the 2025-26 Supplementary Budget Estimates I.

Absorbing the teachers would require billions of shillings in additional funding, likely piling pressure on the national budget and setting the stage for a potential standoff with the National Treasury.

On the other hand, terminating the contracts risks worsening already strained teacher-to-student ratios, particularly in rural and underserved areas where intern teachers form a significant share of the workforce.

Stakeholders have already raised concerns that the uncertainty could destabilise the education sector, urging the government to intervene and provide a sustainable solution.

Committee chairman Melly backed the absorption of the interns, warning against any move that could affect those already engaged.

“The best thing you can do is to request National Treasury for additional funding to absorb the interns,” Melly said.

The commission further revealed it has suspended future recruitment of teachers under the internship programme unless the appellate court decision is overturned.

“There will be no future engagement of interns in Kenya unless the judgment is overturned,” Anyuor said.

The teacher internship programme, rolled out by TSC, was designed to give graduates classroom experience and a pathway to permanent and pensionable employment.

For many young teachers, it had offered a rare opportunity in a job market that has struggled to absorb trained educators.

In its judgment, the Court of Appeal upheld a decision by the Employment and Labour Relations Court declaring the policy unconstitutional.

“Only to that extent does the appeal succeed. We uphold the declaration by the ELRC that Circular TSC/DS/RECRUIT/ADVER/18A/VOL II dated January 4, 2023, and the subsequent internship contracts contravened the provisions of the constitution,” the ruling reads.

 INSTANT ANALYSIS

With the Court ofAppeal ruling in place, the government faces a harsh reality—it may not have the financial muscle to immediately absorb all the interns into permanent and pensionable terms. Without additional budgetary allocation, the only remaining option could be termination of contracts.