Supreme Court Stays Appeal Court Decision on Teacher Internship Programme

The Supreme Court of Kenya has suspended a Court of Appeal decision that had deemed the Teacher Internship Programme unconstitutional. The initiative, established by the Teachers Service Commission in 2019 to offer recent graduates practical teaching experience, faced legal challenge in 2023 at the Employment and Labour Relations Court. Subsequently, the Court of Appeal supported the petition, declaring the programme and associated contracts unconstitutional. The Commission then brought the case before the Supreme Court. On April 30, 2026, Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and Justices Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko acknowledged the urgency of the case and issued a temporary stay. “Until the Notice of Motion dated April 21, 2026 is heard and determined, a temporary stay on the implementation of the Court of Appeal’s decision and orders is now in effect,” stated the judges. The Commission highlighted that abruptly ending the programme, as instructed by the Court of Appeal, would have caused “significant disruption and harm to over two million Junior School students.” Acting Commission Secretary and CEO Evaleen Mitei stressed the necessity of maintaining the programme, pointing out that no funds were allocated for the immediate permanent hiring of interns. Mitei further mentioned that the Commission is collaborating with the National Treasury, the National Assembly, and other governmental bodies to obtain funding for the permanent employment of teacher interns with pension benefits. “We encourage our teachers to continue their dedicated work while the Commission works to enhance their employment terms and overall well-being,” she stated. The Supreme Court’s instruction maintains the situation as it was before the Court of Appeal ruling until the main case is addressed. The case will be reviewed by the Deputy Registrar of the Court on May 7, 2026, for additional guidance. The Commission anticipates that the judicial process will offer “a thorough review of the legal and factual matters concerning the Teacher Internship Programme,” leading to a conclusive determination.