The legal implication of 30 marks awarded to the interns in the TSC recruitment marking scheme.
It violates article 27 of the constitution. TSC has discriminated thousands of teachers mainly working in private schools and boards of management because they did not have a chance to do internship. If this marking scheme is allowed to stand it means it will shall be almost impossible for private school teachers to be absorbed by government. It could have been reasonable for TSC to give the 10 marks it has been giving interns instead of 30.
It infringes the principle of legitimate expectation. It is wrong for the commission to spring up a surprise of adding up 30 marks to the interns without notice to graduates who have been waiting for years to be employed by the Commission. TSC has been having a consistent and predictable model of employing teachers whereby those who have stayed unemployed longer after graduation are given priority. TSC has no grounds to depart from this culture.
The marking scheme is in breach of Article 10 of the Constitution on Public Participation, Accountability and Transparency. Such a radical decision that fundamentally affects thousands of unemployed graduate teachers ought to have been subjected to public participation. With the advent of the constitution of Kenya 2010 gone are the days when policies that fundamentally altered the lives of Kenyans could be decided in a boardroom without involving them.
Summarily this are solid grounds that any Kenyan can use to challenge this marking scheme in court.