By Arnold Ageta
A fresh labour dispute is brewing in Nyamira after the Kenya National Union of Teachers (KNUT) accused the Teachers Service Commission (TSC) of allegedly facilitating the transfer of its members to the Kenya Union of Post Primary Education Teachers (KUPPET) and imposing agency-fee deductions without their consent.
In a press statement issued on Tuesday, KNUT Nyamira Branch Executive Secretary Evans Obiri Ongera claimed that hundreds of teachers affiliated with KNUT had discovered deductions labelled “Agency Fee” on their payslips despite, according to the union, having neither resigned from KNUT nor signed the necessary documents authorising a change in their union membership.
The union alleges that some teachers were moved from KNUT to KUPPET or placed under agency-fee deductions through the TSC payroll system without notification or the required documentation.
“This is not a labour dispute. It is corruption, impunity and economic sabotage against the Kenyan teacher,” Obiri said in the statement.
KNUT argues that the alleged changes amount to an infringement of teachers’ freedom of association, pointing to Article 41 of the Constitution, which protects workers’ rights to form, join and participate in the activities of trade unions of their choice.
The union has also cited provisions of the Labour Relations Act, 2007, particularly those relating to freedom of association, union membership and agency fees.
KNUT demands immediate reversal
The Nyamira branch has demanded that TSC immediately reverse what it describes as unauthorised changes to teachers’ union status and restore affected members to KNUT.
The union is also demanding a refund of money it alleges was unlawfully deducted from teachers’ salaries.
In addition, KNUT wants TSC to produce all Form S documents allegedly used to effect changes in the affected teachers’ union membership or payroll deductions.
The union has further called on the Registrar of Trade Unions to conduct an audit of membership records to establish how the alleged changes occurred.
Union accuses TSC of taking sides
KNUT Nyamira has accused TSC of abandoning its role as a neutral employer and becoming involved in what the union describes as internal trade union politics.
According to the union, the commission should only implement authorised payroll deductions based on the appropriate documentation and should not determine an employee’s trade union affiliation.
“By this act, TSC has ceased to be a neutral employer and has become a partisan player in union politics, infringing against the rights of KNUT members,” the statement said.
The union further alleged that the disputed deductions could have significant financial implications for KNUT, arguing that the payroll system should not be used to undermine a registered trade union.
ILO conventions invoked
KNUT has also invoked International Labour Organization Conventions 87 and 98, which address freedom of association and collective bargaining.
The union maintains that teachers should be free to determine their union affiliation without coercion and that any changes to payroll deductions should follow the applicable legal and administrative procedures.
Obiri warned that KNUT would continue to defend its members against what the union considers unlawful deductions and changes to their union status.
“We shall protect our members’ payslips and our union. We shall not allow our payslips to be auctioned. We shall not allow our union to be killed through the payroll,” he said.
Obiri has consistently held a firm stand in the fight for teachers in the county and has been in the limelight in fighting for teachers’ rights.
“KNUT is not dead, KNUT is not for sale,” he concluded.
