TSC on the Spot: MPs Condemn Age Discrimination in Teacher Recruitment

TSC on the Spot: MPs Condemn Age Discrimination in Teacher Recruitment

The Teachers Service Commission (TSC) is facing renewed criticism for allegedly excluding thousands of teachers aged over 45 from employment, despite a 2019 ruling by the Employment and Labour Relations Court that declared the age limit unconstitutional. The court had determined the age cap violated the right to equal opportunity and constituted unlawful discrimination.

Parliamentarians, led by Soy MP David Kiplagat, expressed outrage in the National Assembly over the commission’s continued disregard of the court directive. They insisted that the TSC must appear before the Education Committee to explain its non-compliance with the judgment.

While contributing to a request for a statement, Kiplagat called for transparency from the commission, demanding comprehensive data on the affected teachers. He sought a report detailing the number of registered teachers above 45 who remain unemployed, including their year of graduation, year of TSC registration, current age, and regional distribution.

In addition, he pressed for information on how many teachers over 45 were hired in the recent recruitment exercise. He also demanded a breakdown of efforts being made to implement affirmative action for this group and details on how TSC intends to revise its recruitment framework to minimize employment delays and support late entrants into the profession.

Education Committee to Summon TSC

Julius Melly, the Tinderet MP and Chairperson of the National Assembly Departmental Committee on Education, confirmed that the commission would be summoned to explain its actions. He stated that the issue had been under thorough review by the committee, which had already engaged with several complaints regarding age-based exclusions.

“This issue has been seized a lot by the Committee on Education, noting that a number of teachers, because of the age rule, have failed to be employed,” Melly noted. He emphasized the urgency of the situation, remarking, “The teacher needs to be employed even if it is for two weeks.”

Kiplagat reminded the House that the 2019 court ruling had ordered the TSC to eliminate the age limit in its recruitment process. However, the commission has allegedly failed to comply with this directive, continuing to sideline qualified candidates based on age.

He stated that many teachers over 45 have persistently applied for vacancies, meeting all requirements, yet they remain excluded from consideration. “This group of teachers have been continuously applying for jobs, meeting all recruitment requirements, but are still overlooked in hiring processes,” Kiplagat said.

The legislator pointed to a national crisis, citing that Kenya had a shortage of over 110,000 teachers as of 2023. This included a gap of 72,422 teachers in junior secondary schools alone, despite over 350,000 qualified teachers remaining unemployed—many of them being above the age of 45.

Kiplagat warned that continued neglect of older unemployed teachers was fueling hopelessness and frustration. He insisted on the need for affirmative action from the TSC to give these educators a fair chance before they reach the mandatory retirement age of 60. “We are dealing with a workforce that is willing and qualified, yet systematically sidelined. This must be corrected,” he emphasized.

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This call for accountability comes shortly after another controversy involving the TSC’s promotion process. MPs have accused the commission of promoting candidates who scored 80 per cent in interviews while disregarding others who achieved perfect scores.

The allegations have deepened scrutiny of the commission’s practices, further fueling demands for institutional reform and transparency in teacher employment and promotion procedures.

TSC on the Spot: MPs Condemn Age Discrimination in Teacher Recruitment.

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