TSC under pressure to address age bias in recruitment as MPs demand data on teachers 40 and above
The Teachers Service Commission (TSC) is under pressure to address long-standing age bias claims in its recruitment process, particularly against teachers above 40. The National Assembly’s Education Committee has directed the commission to give priority to older, qualified teachers who have been jobless for years.
Parliament Wants Data on Teachers 40 and Above
During the 2025/2026 budget review session, Education Committee Chair Julius Melly asked TSC to submit data on all registered teachers above 40. This is to expose and address what MPs call a “systematic sidelining” of experienced teachers who are often overlooked due to age.
“Give us data on all registered teachers with valid TSC certificates who are over 40 years old,” said Melly, saying we need to match available human resource with current recruitment needs.
This comes as job seeking teachers are growing increasingly dissatisfied, many of whom feel unfairly punished for their age despite their qualifications and experience.
Court Ruled Age Limits Discriminatory
The push by MPs follows a 2019 Employment and Labour Relations Court ruling that found TSC’s age limits discriminatory. The court ruled that such limits violate the right to equal opportunity and now MPs are calling for inclusive and fair recruitment practices.
Despite the ruling, MPs say age discrimination is still embedded in TSC’s recruitment framework.
TSC Says Age is Considered—But MPs Not Convinced
TSC’s Finance Director, Cheptumo Ayabei told lawmakers that older, long term unemployed candidates are awarded extra points during hiring. “A person who has been unemployed for long and is also older is given 30 extra marks,” Ayabei said.
But the explanation didn’t convince the committee.
MPs said many deserving older candidates are still jobless, some nearing retirement age without being absorbed into the teaching service. They said those within two years of retirement still deserve employment opportunities, it’s not their fault they were overlooked in previous recruitment cycles.
Schools to Recommend Older Teachers
To ensure transparency and fairness, the Education Committee proposed that older teachers be recommended for employment by schools they have served in, especially those who have been volunteering or working on temporary terms. This way, they believe merit based appointments will be promoted and favoritism prevented.
Junior Schools Staffing Crisis Deepens
Despite the recent recruitment drive—39,550 junior school teachers were converted to permanent and 8,378 primary teachers redeployed—TSC data shows there is a shortage of 72,422 teachers in the 20,000 junior schools.
The result? Overworked teachers, overcrowded classrooms and lack of subject specialists—all of which is threatening the implementation of the Competency Based Curriculum (CBC).
“We have engaged the Treasury,” said Ayabei “but due to budget constraints we are only getting funding for intern recruitment. Permanent conversion may not happen.”
No Budget for Intern Conversion in New Fiscal Year
To make matters worse, the government has not allocated funds in the new budget to convert intern teachers to permanent staff. This will hinder the recruitment of older teachers—many of whom were banking on such conversions for job security.
TSC has been allocated Ksh357.1 billion for the 2025/2026 financial year but several key areas are either unfunded or underfunded. These include:
- Teachers’ medical insurance
- Disciplinary case handling
- Implementation of the new 2025-2039 CBA
New CBA, Hardship Allowances on the Line
The current CBA expires in June and negotiations for the new one are ongoing. KUPPET is pushing for higher hardship allowances among other benefits.
This comes as the government wants to implement a 2019 report that will rationalize hardship zones—reduce the annual hardship allowance bill from Ksh25 billion to Ksh19 billion. If implemented, thousands of teachers in gazetted hardship zones will lose up to 30% of their basic salary, a move strongly opposed by KUPPET, KNUT and KUSNET.
Teachers Feel Ignored by Government Decisions
Union leaders have accused the government of bypassing key stakeholders in critical decisions that will derail progress in the education sector. Teachers are the largest public servants and many are stationed in areas affected by the proposed hardship zone cuts.
In Summary:
- Parliament wants TSC to prioritize unemployed teachers over 40 during recruitment.
- TSC is being accused of age-based bias despite court orders against such practices.
- Junior schools are severely understaffed with a 72,000+ teacher deficit.
- No budget has been set aside to convert intern teachers to permanent roles.
- Unions are pushing back against cuts in hardship allowances and lack of stakeholder engagement.
As the pressure mounts, all eyes are on TSC to see if it will finally keep its promise to ensure fair, inclusive and merit-based recruitment for all teachers—regardless of age.