MPs push TSC to compile data on jobless teachers aged 45 and above

The National Assembly’s Committee on Education has called on the Teachers Service Commission (TSC) to compile data on registered teachers aged 45 and above who are yet to be formally employed.

Led by Vice Chairperson and Kabondo Kasipul MP Eve Obara, the lawmakers said the data would help assess the financial implications of a one-off recruitment of these teachers. The aim is to ensure those in their prime are absorbed into the system to benefit from retirement packages and contribute their years of experience to the education sector.

“It is sad that some people even sell their property to get resources to train as a teacher then later on, you stay for 10 or more years and you don't even get employed at the end of the day," said Narok County MP Rebecca Tonkei.

“I want to request TSC to just have data of all the teachers because they are registered. Then appear before this committee so that they submit this list and we see the way forward.”

The remarks were made when TSC Acting CEO Eveleen Mitei, Legal Director Cavin Anyuor, and other officials appeared before the committee.

Anyuor told MPs that the Commission’s current policy allows for the recruitment of teachers up to 59 years and 11 months, in compliance with a court ruling that found a prior age cap of 45 discriminatory.

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“Before 2020, we had put the age for recruitment at 45. A Kenyan went to court and the court declared that unconstitutional,” Anyuor said.

“Since 2021, we have been employing teachers up to the age of 59 and 11 months. So, if you are 59 years, you are eligible for employment. If you are one day before 60, you are eligible for employment. It does not discriminate because we were told that was discrimination based on age.”

Anyuor acknowledged that implementing a one-off recruitment policy for older teachers would require board approval and further deliberation with stakeholders.

“There is a proposal that we decide to take a given age. It is a proposal we are taking to the board so that it can make that decision, and if it requires any assistance from this committee, it will seek,” he said.
“There are also other risks—whether young Kenyans will sue us that we are discriminating them based on age. So those are factors that the board will consider.”

Teso South MP Mary Emaase emphasized the need to ensure teachers are not hired too close to retirement age, which would undermine their access to full retirement benefits.

“I think I need to add one more thing so that you take it to the Commission, that you need to change your policy, or if it requires our intervention, then we are ready. That a teacher must be employed at age 45 so that at least they can serve for 15 years,” she said.

“There should be a sunset clause that at least by the age of 45 or 50, if not been absorbed, let that teacher be employed at that point so that they can work at least for 10 years or 15 years. Because what is the point of employing a teacher now at age 57 or 59 to work for one year? I mean, it's not fair.”

Igembe North MP Julius Taitumu also pressed TSC on data, asking:

“Do you have the statistics of teachers who are above 45 years? Because I know from my background, there was a clause that if a teacher crossed 45, you are employed on a permanent position. Give us facts, how many teachers are above 50 years are not employed in this country?”

Responding to a question by Obara on whether recruitment is distributed equally or equitably, Anyuor said the TSC ensures each of the 396 sub-counties has opportunities for recruitment, depending on need.

“Hosting depends on the need of every school. For purposes of getting employment, we have been giving every sub-county equal opportunity because people come from all those constituencies,” he said.

Obara, however, challenged the Commission to re-examine its policy:

“As much as it was directed then, you are the custodians. You are the ones who should now appreciate real and genuine concerns about recruitment of teachers. You need to start looking at it. What can you do about it? It was not cast on stone, was it?”

The lawmakers voiced frustration over disparities in teacher recruitment, with some counties hiring graduates from the previous year while others still have teachers who graduated over a decade ago waiting for jobs.