Court orders TSC to deduct September agency fees from JSS teachers

The Employment and Labour Relations Court in Nairobi has ordered the Teachers Service Commission (TSC) to deduct and remit September agency fees from all Junior Secondary School (JSS) teachers. 

The directive comes as the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post-Primary Education Teachers (KUPPET) continue a dispute over representation and union-related deductions. 

According to a court document, Justice Monica Mbaru issued the interim order in a petition filed by KNUT, ordering the commission to deduct the fees and remit them to KUPPET in accordance with a consent order between the unions.

“The 1st Interested party (TSC) is hereby directed to deduct and remit agency fees for September 2026 and due to the Respondent (KUPPET) against all JSS Teachers pursuant to the consent order herein between the Petitioner (KNUT) and the Respondent,” the orders stated.

The court also directed that a Notice of Motion be served to allow 14 days from September 16 for a response from TSC. 

The matter is scheduled for hearing on October 5 and the commission will be required to report to the court on compliance with the orders on the same date. 

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The dispute before the court concerns which union is entitled to receive agency fees from JSS teachers who are covered by a collective bargaining agreement (CBA) but are not members of the union receiving the payment, alongside wider questions surrounding representation at the junior secondary level. 

Unlike regular union dues paid by registered members, agency fees are paid by non-union members.

Under Section 49 of the Labour Relations Act, teachers who choose not to join a union must still pay an agency fee if they benefit from pay rises or terms negotiated by that union. 

The issue has been particularly contentious since TSC began deducting agency fees from thousands of JSS teachers, with KUPPET previously saying non-members benefiting from its CBA were liable for the deductions. 

The latest court proceedings also come after KNUT’s Nyamira branch alleged that some of its members had been moved to KUPPET or subjected to agency-fee deductions without their consent, demanding that TSC reverse the changes and provide the documentation used to make them. 

Further, the dispute between the two unions goes beyond agency fees, with KUPPET calling for JSS to operate as autonomous schools with their own management, while KNUT wants junior secondary sections to remain part of comprehensive schools.

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