44,000 intern teachers face uncertain future as court voids internship policy

Education Cabinet Secretary Julius Ogamba  before the Senate on March 11, 2026. [Elvis Ogina, Standard]

More than 44,000 intern teachers face an uncertain future after a court declared the government's teacher internship policy null and void.

The Teachers Service Commission (TSC) and the Ministry of Education are now scrambling over next steps, with Education Cabinet Secretary Julius Ogamba telling the Senate the government is studying the ruling to determine its legal and financial implications before acting.

"It is true the Court of Appeal has determined that the policy of internship of teachers is null and void," said Ogamba on Wednesday.

"TSC and the Ministry are studying the ruling and are in the process of coming up with the steps that are going to be undertaken to ensure that we abide by that court ruling," he added.

The ruling strikes at the heart of a programme the government introduced to plug teacher shortages arising from the rollout of the Competency-Based Education (CBE) system, which created demand for additional teachers in Junior Secondary Schools (JSS).

Ogamba warned the ruling carries a financial cost.

"It may bring some financial and budgetary implications on obeying it and once we determine the extent of the legal and financial implementation we will then move as required to ensure we obey that court ruling," he noted.

The issue came to a head in the Senate after Nairobi Senator Edwin Sifuna sought clarity on career progression guidelines for JSS teachers.

Kitui Senator Enoch Wambua took aim at what he called a discriminatory arrangement.

"The ruling by the court on absorption of teachers as interns, they have TSC numbers and are absorbed as interns, those still learning. It is illegal and discriminatory," observed Wambua.

Critics have long argued that the programme subjected qualified, licensed teachers to temporary, lower-paid contracts despite their professional standing.

Ogamba defended the JSS deployment framework, telling senators that teachers posted to junior schools are graduate-trained  and treated as secondary school teachers under career progression guidelines.

"All teachers in JSS hold the training skills, competencies and qualifications for secondary school curriculum delivery," he added.

He further told senators that appointment letters issued to JSS teachers designate them as Secondary School Teacher II under the 2018 career progression guidelines.

Senators, however, were not satisfied. Nandi Senator Samson Cherargei demanded specifics on funding.

"What are the financial implications and budgetary allocations? You cannot tell us you want to comply with a court ruling without telling us whether in the supplementary budget you have requested funds to cater for this internship and how the transition will happen from intern to permanent and pensionable," charged Cherargei.

He also flagged disparities among interns, noting that some had served longer than others.

"Some interns will be discriminated against because some have served for two years," he warned.