Supreme Court Suspends Appeal Court Ruling, Allows TSC Teacher Internship Programme to Continue Pending Final Decision
News Updated: 01 May 2026 22:55 EAT
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The Supreme Court of Kenya has temporarily suspended the implementation of a Court of Appeal decision that had declared the Teachers Service Commission (TSC) teacher internship programme unconstitutional, effectively allowing the programme to continue pending determination of a substantive appeal.
The ruling provides interim relief to the TSC and ensures continuity of teaching services in public schools, particularly in junior secondary institutions where intern teachers form a significant portion of the workforce under the Competency-Based Curriculum.
The dispute stems from a Court of Appeal judgment delivered in February 2026, which upheld an earlier decision by the Employment and Labour Relations Court that found the internship programme unlawful and inconsistent with labour rights protections.
The appellate court had ruled that the programme amounted to unfair labour practice, arguing that trained teachers were performing full teaching duties while receiving lower remuneration compared to permanently employed colleagues.
Following the ruling, the TSC moved to the Supreme Court on an urgent basis, seeking orders to suspend enforcement of the decision, warning that immediate implementation would severely disrupt staffing in schools across the country.
In its determination, the Supreme Court granted a stay of execution, effectively preserving the status quo and allowing the internship programme to remain in force until the appeal is heard and decided on its merits.
The court noted the urgency of the matter, citing the potential risk of destabilising learning in public institutions, especially in junior secondary schools that rely heavily on intern teachers to bridge staffing gaps.
The TSC argued that discontinuing the programme abruptly would create a nationwide shortage of teachers, affecting learning continuity for thousands of learners, particularly in underserved regions.
The internship programme, introduced in 2019, was designed to address chronic teacher shortages while managing public wage constraints, though it has faced criticism over pay disparities and employment conditions.
At the centre of the legal challenge are approximately 40,000 to 44,000 intern teachers whose employment status remains uncertain pending the final determination of the Supreme Court.
Teachers’ unions and education stakeholders have continued to call for a long-term solution, urging the government to consider permanent employment terms for affected interns should the court ultimately uphold the earlier ruling.
The Supreme Court will now proceed to hear the full appeal filed by the TSC, which seeks to overturn the lower court decisions and affirm the legality of the internship programme within the public education system.
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FELIX MAKONA
FACT FINDER AND DATA DRIVEN JOURNALIST. DATA MINING AT IT'S BEST. GET FACTS RANGING FROM MATTERS DISABILITY AND INCLUSION, POLITICS, ECONOMY, SPORTS AND GENERAL NEWS AROUND THE WORLD