TSC BREAKING NEWS: TEACHERS AGED 45 AND ABOVE CAN NOW SEEK TSC EMPLOYMENT
THIS IS WHY THE TSC MIGHT BE FORCED TO CHANGE ITS AGE LIMIT POLICY
At last, there is a reprieve for teachers who have been tarmacking for years on end in search of TSC employment as a Nairobi-based court yesterday declared a circular by the TSC which limits the entry of teachers who have attained the age of 45 discriminatory.
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Initially, the TSC had capped the age of teachers who would like to be employed by the Teachers Service Commission at 45 years.
According to the Employment and Labour Relations Court, the afore-mentioned TSC Circular is unconstitutional, biased and unreasonable.
Justice Hellen Wasilwa saw it extremely unfair to set regulations limiting the entry of teachers into the Teachers Service Commission yet there are very high unemployment rates in Kenya.
NEW AGE LIMIT
The Teachers Service Commission failed to convince the Court why it did not set the limit at the age of 40 or 18.
In the Court’s opinion, a lower age limit like let us say 18 years would be more reasonable since this is the age of the majority in Kenya.
AGE IS JUST A NUMBER
The case against the Teachers Service Commission was filed by Mr Lempaa Soyinka, a former teacher practising as a lawyer.
What aggrieved Mr Lempaa was the fact that the retirement age for teachers is 60 yet the TSC wants to deny qualified and experienced Kenyans an opportunity to serve for the remaining 15 years.
In January, 2019, the Teachers Service Commission advertised positions for teachers but restricted the age (45 years and below). This restriction locked Mr Lempaa out since he was older than the set age.
The Teachers Service Commission, however, defended its move saying that the age limit was aimed at maintaining efficiency, institutionalize succession planning and recruit teachers that match up to the expectations of learners in public schools.