The Employment and Labour Relations Court in Kenya has nullified interim orders that instructed the Teachers Service Commission (TSC) to deduct agency fees from junior secondary school (JSS) teachers and remit them to the Kenya Union of Post-Primary Education Teachers (KUPPET). This decision was made on October 29, 2026, by Justice Monica Mbaru. The court’s ruling came after the Kenya National Union of Teachers (KNUT) applied to have the earlier directives cancelled.
The judge noted that the original petition underpinning KUPPET’s claim had been withdrawn and the case file closed. This provided no sufficient justification to reopen the matter for a new dispute over agency fees. KUPPET had argued that JSS teachers fell within its post-primary education mandate. They also stated that non-members benefiting from its collective bargaining agreement should pay a 1.8 percent agency fee on basic salaries, as per a ministerial order.
The Teachers Service Commission (TSC) had deployed 9,830 primary-school teachers to junior secondary schools after assessing qualifications and staffing needs. According to TSC, these teachers remained within KNUT’s constituency. This information was a critical part of the TSC’s response to KUPPET’s claims. The TSC’s stance was that the deployed teachers were still under KNUT’s membership.
The court reaffirmed teachers’ constitutional right under Article 41 to join a trade union of their choice. This right is applicable regardless of whether they were transferred from primary to secondary schools. The court acknowledged that agency fees may apply to non-unionised teachers covered by the relevant collective bargaining agreement.
However, Justice Mbaru directed that any fresh dispute be pursued in separate proceedings. This means that while the current orders for agency fee deductions have been vacated, KUPPET or other parties may still pursue new claims related to agency fees in the future. The court's decision aims to provide a clear direction for future disputes.
KUPPET’s request to summon TSC CEO Evelyn Mitei and impose a seven-day contempt imprisonment was rejected by the judge. The judge found this request to be unjustified. This rejection is a significant aspect of the court's ruling, as it impacts the potential next steps for the parties involved.
The court's decision highlights the complexities surrounding agency fees and union membership for teachers in Kenya. It underscores the importance of clear and justified claims in labour disputes. The ruling also reaffirms the rights of teachers to choose their trade union representation.
Key points
- The Employment and Labour Relations Court in Kenya has vacated orders requiring the Teachers Service Commission to deduct agency fees from junior secondary school teachers for KUPPET.
- The court’s decision was based on the withdrawal of the original petition underpinning KUPPET’s claim.
- The ruling reaffirms teachers’ constitutional right to join a trade union of their choice.
