Boeing, or the company, could easily have written into the manuals ... "the TOGA switches do not work after touch down, and activation is only possible once the aircraft is above five feet for more than two seconds".
This would, at least, alert all and sundry as to the system limitation. Sure, most of us are flying the jet and watching the FMA, but these guys weren't. They were relying on the system working as advertised.
"Ensuring TOGA thrust is set", or whatever the manual says, is simply dodging the bullet in this case.
Why EK and Boeing didn't, but outfits like Continental, etc did, is beyond me.