JSS Court Ruling Exposes Worsening Cracks in Kenya’s Education Policy

By Lee Kamutu

A recent Court of Appeal decision on the Junior Secondary School (JSS) internship programme has thrown government efforts to staff schools into disarray, raising fresh questions about the sustainability of Kenya’s Competency-Based Curriculum (CBC). The appellate court declared the teacher internship programme unconstitutional, null, and void, effectively dismantling a staffing model that had become central to the rollout of JSS across the country.

The implications of this judgement are far-reaching. Approximately 44,000 intern teachers currently serving in Junior Secondary Schools now face uncertainty over their employment status. For many other young graduates, this court decision worsens an already precarious job market, where the possibilities of stable, pensionable employment continue to shrink.

The timing of the ruling is particularly significant given the scale of investment required to sustain CBC. Despite a collosal education budget exceeding Ksh 700 billion in the current financial year, the government appears to be struggling to adequately recruit and retain teachers to meet the demands of the expanding curriculum. Staffing gaps have persisted, even as enrolment in JSS continues to grow, placing additional pressure on existing personnel.

Beyond staffing challenges, the court decision exposes deeper structural and policy problems within the education sector. Concerns have been raised about delayed disbursement of capitation funds to schools, the existence of irregular or “ghost” institutions benefiting from the elusive school capitation, and ongoing ambiguity regarding the administrative placement of JSS within the broader education system. These issues have contributed to operational inefficiencies that undermine the effective implementation of CBC.

 

 

The internship model, now invalidated by the courts, had been defended as a cost-effective way to bridge staffing shortages. However, critics argued that it blurred the line between training and employment, effectively engaging fully qualified teachers under terms that limited compensation and benefits. The court’s decision appears to validate these concerns, suggesting that the approach may have been more fiscally motivated than pedagogically grounded.

Appearing before Parliament, Education Cabinet Secretary Julius Ogamba acknowledged that the ruling would have financial implications for the government, adding further strain to an already significant education budget that accounts for nearly 30 percent of the national expenditure. The need to transition intern teachers into formal employment or devise alternative staffing solutions will likely require additional resources, policy adjustments, and time.

Meanwhile, fiscal burdens appear not to be evenly distributed across government departments. While education grapples with staffing constraints and funding challenges, other sectors continue to receive substantial budgetary allocations. For instance, supplementary budget adjustments have significantly increased allocations to high-level government offices, including State House and the Office of the Deputy President. This has raised questions about prioritization and resource allocation in Kenya, fueling public debate on governance and accountability.

Critics argue that reallocating excess funds from less critical or inefficiently utilized areas could help address urgent needs in essential sectors such as education, healthcare, and public safety. Teachers, in particular, remain at the center of this conversation, as their role is fundamental to the success of any long-term national development agenda.

 

 

Ultimately, the court has done more than invalidate a single programme. It has exposed broader cracks in Kenya’s education and labor frameworks and underscored the need for coherent planning, transparent implementation, and sustainable financing models that align with constitutional requirements and the realities of a growing education system.

As the government moves to respond to this setback, it faces a critical stress-test: whether it can reconcile legal compliance, fiscal constraints, and the urgent need to equip schools with qualified, motivated teachers. The outcome will not only determine the future of thousands of intern teachers but also shape the trajectory of Kenya’s education reforms for years to come.

The writer is an Associate Publisher at Free Press Publishers.