TSC has been embroiled in a legal tussle with teachers over its latest advertisement indicating 45 years as the upper age limit for applicants seeking teaching jobs in secondary schools.
While the commission seeks to recruit more secondary school teachers, lawyer Soyianka Lempaa, who is also a trained teacher, claims the age restriction discriminates against teachers who seek teaching jobs at advanced age.
Mr Lempaa argues setting the age limit at 45 denies deserving Kenyans an opportunity to work considering that the retirement age in the public service is 60 years.
In the case documents filed in court, he argues that that a person who joins university at the age of 40 and graduates four years later with a degree in education would be locked out from securing employment with TSC if the commission is allowed to have its way.
The controversial advert appeared in local dailies on January 29 and sought applications from qualified Kenyans aged below 45 years.
Mr Lempaa said that the age limit is unreasonable as it also did not come with any explanation in an open and democratic society.
He further argued that allowing TSC to limit applicants on the basis of age will be tantamount to violating the values and principles of the public service.
He therefore wants the court to declare the age limit restrictions arbitrary and unconstitutional as per the TSC Act as well as the Employment Act 2007.
He is also seeking to compel TSC to conduct a fresh teacher recruitment process without any age condition.
The case is set for hearing on February 21 before Employment and Labour Relations Court Judge Nelson Abuodha.
