The National Assembly has set the stage for a fresh constitutional showdown after scheduling the vetting of Teachers Service Commission (TSC) commissioner nominees Wilson Sossion and Antonina Lentoijoni despite existing High Court orders suspending the process.
A notice issued by the Clerk of the National Assembly on Friday, July 31, shows that the Departmental Committee on Education will vet Sossion on August 11 at 10am before proceeding with Lentoijoni's hearing at 11:30am in the Mini Chamber at Nairobi County Hall.
The move comes barely a day after the Kerugoya High Court issued conservatory orders barring Parliament, its committees and officers from considering or approving the two nominees pending the determination of a petition challenging their appointments.
The latest development now sets the stage for a possible confrontation between Parliament and the Judiciary if the scheduled hearings proceed before the court reviews the matter.
Parliament Pushes Ahead Despite High Court Freeze
In the public notice, the Clerk of the National Assembly invited members of the public to participate in the approval process as required under Article 118 of the Constitution and the Public Appointments (Parliamentary Approval) Act.
“It is notified to the general public that pursuant to the provisions of Article 118(1)(b) of the Constitution and section 6(4) of the Public Appointments (Parliamentary Approval) Act, Cap. 7F, the Departmental Committees shall conduct Approval Hearings (Vetting) of the nominees on the dates, times and at the venues indicated in the schedule,” the notice stated.
The notice further directed the nominees to appear before the committee with their original national identification documents, academic certificates, professional credentials and other supporting documents required during the approval exercise.
Parliament also called on members of the public to submit sworn memoranda contesting the suitability of any of the nominees before the hearings.
Any objections must reach the Clerk of the National Assembly by 5pm on August 10 together with supporting evidence.
The hearings form part of the constitutional approval process after President William Ruto nominated Sossion and Lentoijoni to fill vacant positions in the Teachers Service Commission.
Court Order Suspended the Entire Vetting Process
The parliamentary notice, however, comes against the backdrop of binding conservatory orders issued by the Kerugoya High Court on Thursday.
Justice Joyce Mkambe Gandani restrained the National Assembly, its committees, officers, servants and agents from considering, vetting or approving the nominations of Wilson Sossion and Antonina Lentoijoni.
The orders remain in force for 21 days pending an inter partes hearing scheduled for August 18.
The judge also attached a penal notice warning that anyone who disobeys the court orders risks contempt proceedings and the legal consequences that accompany such violations.
The conservatory orders followed an urgent petition challenging the legality of the nominations contained in Notification of Presidential Action No. XI of 2026.
The petition names the State Law Office, the Teachers Service Commission and other respondents, arguing that the appointments should not proceed until the legal issues raised before the court are fully determined.
Fresh Constitutional Standoff Looms
The National Assembly has not indicated whether it intends to suspend the August 11 hearings to comply with the court orders or proceed as scheduled.
If Parliament moves ahead with the approval exercise before the court hears the matter, the decision could trigger a constitutional dispute over compliance with judicial orders and the limits of parliamentary authority.
The case also raises fresh questions about the balance of power between the Judiciary and Parliament whenever courts intervene in ongoing approval processes involving presidential nominees.
For now, the scheduled vetting remains on the parliamentary calendar, while the conservatory orders issued by the High Court remain legally in force until further directions are issued on August 18.
