Teachers hired under the internship scheme vowed Monday that they would close down all junior secondary schools during the opening of Term 2 after the Court of Appeal declared the Kenya Teachers Service Commission (TSC) internship programme an illegality.
Teachers, who are demanding immediate confirmation on permanent and pensionable terms, argued that if the government does not confirm them, they will not have classes.
“There will be no STEM subjects in junior schools,” Rodgers Opil, the Nairobi International teachers chairman, stated.
They warned of sustained industrial action should the government fail to address their concerns.
Education stakeholders raised concern about a probable reversal of gains made in the implementation of the Competency-Based Curriculum if the issue persists for long, as many thousands of learners were already suffering.
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The internship scheme provided teachers to all junior secondary schools, which heavily depend on intern teachers for all STEM subjects.
The teachers declared they would not report back to class until TSC approved their absorption into a PNP contract.
The Court of Appeal ruled on February 27, 2026, that the Teachers Service Commission internship scheme was unconstitutional, discriminatory and hence illegal, declaring it null and void and plunging 44,000 teachers into uncertainty.
According to TSC legal director Cavin Anyuor, the commission had only two choices as they appeared before Parliament to confirm the teachers on permanent and pensionable contracts or to dismiss them.
Union officials insisted that intern teachers are within their rights to keep away from classrooms because the court confirmed that the engagement on an internship contract was an illegal labor practice.
“The court has said they are engaged in an illegal practice. How do you expect them to continue teaching?” argued Masenge.
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The TSC stated that the challenge was inadequate funding while unions dismissed this, arguing that adequate funding can be mobilized if education becomes a priority.
They pointed to government spending on other issues and criticized the decision not to provide funding in the recent supplementary budget to avoid the current crisis.
The options available to the government following the court ruling are limited – confirming the interns on PNP terms or letting them go, both of which have serious implications.
TSC acting CEO Evaleen Mitei stated that the commission was negotiating with relevant government agencies to secure funding for hiring interns on a PNP contract.
She noted that the Sh21 billion supplementary budget is intended to meet existing deficits in salaries and the teachers’ medical scheme.
TSC is seeking a grace period to mobilize funds to employ interns on a PNP basis, having filed a case in court.
Masenge’s calls for dialogue among all stakeholders to find a consensus that will bring back sanity to schools have been heard, as discussions are the only way to address the crisis.
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The Court of Appeal declared the Kenya Teachers Service Commission (TSC) internship programme an illegality./PHOTO/ODPP