Kuppet sues TSC over teachers’ deductions

By John Muthoni

Kenya Post Primary Teachers Association (Kuppet) has accused the Teachers Service Commission (TSC) of refusing to implement deductions of agency fees on their members in respect to basic wage.

Moreover, the Association lawyer Judy Guserwa, through a filed application before the Industrial Court, sought to lift the suspension order by the Cabinet Secretary for Labour and Social Security Kazungu Kambi.

The order has limited more than 19,000 members from enjoying their benefits as stipulated by labour laws.

“The cabinet secretary has no power to suspend or stay the implementation of the order on the Agency fees unless so requested by the union,” said Guserwa.

The union told High Court Judge Linnet Ndolo that TSC had failed to comply with orders that had been set out on August 23, indicating that unionisable teachers would derive benefits from the terms and conditions that had been set whilst TSC was streamlining their salaries. Kuppet said both parties had agreed and signed to implement the new terms that had been set after the finalisation of re-aligning teachers’ salaries and that the employer was turning a blind eye on the same agreement it had agreed to sail through.

In the supporting affidavit, Kuppet said it had written a letter last December requesting the implementation of the deductions and that the parties acknowledged receipt but they declined to roll out the process as agreed.

They said Kazungu had unlawfully revoked the gazettement of the notice and that it favoured the claimants in the case.

Ms Guserwa said, “The first respondent had totally failed to comply with the orders prompting the union to file this application for intervention by this court.”

The union said the matter be heard expeditiously and determined as it touched on the staff and the personnel that are affiliated with the body.

This comes when the union is at crossroads with TSC over the marking of Kenya Certificate of Secondary School examinations over pay increment.

The examiners are also demanding better working environment as they have previously been housed in dormitories used by students.