By KPC Reporter
The Supreme Court of Kenya has stayed the execution of a Court of Appeal judgment that had declared the Teacher Internship Programme unconstitutional.
The programme, introduced by the Teachers Service Commission (TS) in 2019 to provide recent graduates with hands-on teaching experience, was challenged in 2023 at the Employment and Labour Relations Court.
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The Court of Appeal later upheld the petition, ruling that the initiative and related contracts were unconstitutional. Dissatisfied, the Commission escalated the matter to the Supreme Court.
In an order dated April 30, 2026, Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and Justices Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko certified the matter as urgent and granted an interim stay.
“Pending the hearing and determination of the Notice of Motion dated 21st April 2026, an interim order of stay of execution of the decision and orders of the Court of Appeal… is hereby granted,” the judges ruled.
The Commission emphasized that the sudden termination of the programme, as directed by the Court of Appeal, would have been “extremely disruptive and detrimental to the interests of more than two million Junior School students.”
Acting Commission Secretary and CEO Evaleen Mitei underscored the importance of continuity, noting that no budget had been allocated for immediate permanent employment of the interns.
Mitei added that the Commission is engaging the National Treasury, the National Assembly, and other government agencies to secure funding for the absorption of teacher interns on permanent and pensionable terms.
“We urge our teachers to remain committed in their work as the Commission strives to improve their terms and conditions of service and their general welfare,” she said.
The Supreme Court’s directive preserves the status quo prior to the Court of Appeal ruling until the substantive application is heard.
The matter will be mentioned before the Deputy Registrar of the Court on May 7, 2026, for further directions.
The Commission hopes the judicial process will provide “a definitive examination of the legal and factual issues relevant to the Teacher Internship Programme,” paving the way for an authoritative resolution.
