Unions

Kuppet suffers blow as court orders sh 90 million dues refunded to TVET tutors

The Kenya Union of Post Primary Education Teachers (Kuppet) suffered a major blow after the court ordered it to refund Sh90 million in member dues and agency fees deducted from more than 3,500 tutors in technical institutions currently employed by the Public Service Commission(PSC) for three years.

In her judgment, Justice Maureen Onyango of the Employment and Labour Relations Court said no employer can effect any deductions of union dues unless the forms signed by employees have been received from said trade union and its validity is ascertained.

“That the respondents each refund any monies deducted from the salaries of the claimant and the persons on whose behalf he filed this suit and remitted to the first respondent on account of union dues or agency fees after the date they ceased to be employees of the third respondent,” said Justice Onyango on Thursday in Nairobi.

The judgment followed a case filed by a technical and vocational education training (TVET) institution tutor Kepher Oguwi Langi on his behalf and that of other trainers.

He had named Kuppet the first respondent, Vocational and Technical Training PS as the second respondent, the Teachers Service Commission and the Attorney-General as the fourth respondent.

According to Mr Langi, despite the government transferring TVET tutors from the employment of TSC to the PSC, the union has illegally continued to receive membership dues meant for the tutors from the employer.

Mr Langi said he and the more than 3,500 tutors ceased being members after the transfer. About 500 others were members of the Kenya National Union of Teachers (Knut).

However, Knut has not been deducting dues from the TVET tutors. The Kuppet deducts 1.8 percent of members’ basic salary as union dues.

According to Mr Langi, the union was deducting between Sh5 million and Sh6 million from the tutors monthly.

“Cumulatively, the illegal deductions amount to Sh90 million,” he said.

Mr Langi said the respondents illegally made a consent with Kuppet and continued to remit union dues and agency fees.

He told the court that the union did not have a recognition agreement with the PSC, the Vocational and Technical Training PS. Therefore, he said, the union could not purport to represent the tutors.

He said the consent between the TSC and Kuppet to deduct union dues from TVET tutors in the absence of duly filled and signed forms remain unlawful and not implementable.

In response, the Kuppet argued that Mr Langi was not part of the consent and did not meet the legal threshold to cause the variation or set aside of the consent.

The union asked the court to set aside the case.

In defence, the TSC said Mr Langi did not raise any justifiable issue against the commission.

Justice Onyango said upon the transfer of the trainers from TSC to PSC, they ceased being members of the union. She ordered that deduction be stopped immediately terming them illegal.

Spread the news
FacebookFacebookXXWhatsappWhatsapp
CBC online

Recent Posts

Ministry force boarding schools to accommodate day scholars from 2026

Boarding secondary schools across the country will be required to admit day scholars starting January…

1 month ago

TSC lays bare cost of teachers required in JSS and high schools

The Teachers Service Commission (TSC) needs Sh70 billion to recruit 98,461 teachers for both junior…

2 months ago

TSC advert for replacement of teachers May 2025

EACHERS SERVICE COMMISSION   REPLACEMENT OF TEACHERS WHO EXITED SERVICE IN PUBLIC PRIMARY, JUNIOR AND…

2 months ago

Knec circular on 2025 CBA projects and practicals

THE KENYA NATIONAL EXAMINATIONS COUNCIL REF: KNEC/GEN/TD/CIR/CBA/2025/002 15th April 2025 To: All (i) Sub County…

2 months ago

TSC re-advertises promotion slots ask teachers to apply by 21st April

TEACHERS SERVICE COMMISSION RE-ADVERTISEMENT   VACANCIES FOR SENIOR PRINCIPAL AND SENIOR LECTURER-  TEACHER TRAINING COLLEGE…

3 months ago

TSC lists 98,281 teacher shortage in junior and senior schools

The education sector could be headed towards a catastrophe following revelations by the Teachers Service…

3 months ago