NAIROBI, Kenya — The Supreme Court has issued interim orders preserving the Teachers Service Commission (TSC) internship programme, offering relief to more than two million Junior Secondary School (JSS) learners and over 43,000 intern teachers whose contracts had been declared unlawful.
In a ruling delivered by Martha Koome and five other judges, the apex court stayed the execution of a February 27 decision by the Court of Appeal of Kenya that had nullified the programme on grounds of unconstitutionality.
“The motion is urgent. Pending the hearing and determination of the motion dated April 21, 2026, an interim order of stay of execution of the decision and orders of the Court of Appeal is hereby granted,” the court ruled.
The judges directed that the application be served on all respondents and scheduled the matter for mention before the deputy registrar on May 7, 2026, for further directions.
The interim orders effectively pause a judgment that had threatened to terminate thousands of teaching contracts and disrupt learning in junior secondary schools across the country.
In a statement, the TSC welcomed the decision, warning that immediate implementation of the appellate ruling would have had severe consequences for the education sector.
“The Commission underscores that the sudden termination of the programme… would have been extremely disruptive and detrimental to the interests of more than two million Junior School students,” TSC said.
The commission also noted that no budgetary allocation exists to absorb the intern teachers into permanent and pensionable terms immediately, underscoring the financial constraints facing the education system.
The legal dispute stems from the Court of Appeal’s finding that employing trained and registered teachers as interns at significantly lower pay amounts to discrimination and violates constitutional labour protections.
Appearing before the National Assembly’s Education Committee, TSC Legal Services Director Cavin Anyiour confirmed the implications of the ruling, stating that the commission had been left with limited options—either terminate the contracts or secure additional funding to regularise the teachers’ employment.
The controversy has also been fuelled by discontent among intern teachers, who earn about Sh17,000 per month. Many argue the pay is inadequate, particularly in urban areas, and have staged protests demanding confirmation to permanent terms.
Teachers trained in STEM fields have been particularly vocal, describing the internship model as exploitative and calling for a clear policy framework on duration and transition into full employment.
The case raises broader constitutional questions on fair labour practices, equality, and the State’s obligation to provide quality education under Article 43 of the Constitution. It also highlights the tension between fiscal realities and the need to sustain critical public services.
For now, classrooms remain staffed, and learning continues uninterrupted, as Kenya awaits a decisive ruling that could reshape teacher employment policy and the future of basic education.
