Drama in the Kenyan educations sector seems to be far from over, even as the government and TSC look for a solution to the current standoff with JSS teachers on their employment terms. Female teachers have moved to court in a bid to compel the Teachers’ Service Commission refund what they are alleging as illegal deductions to KEWOTA which is mainly composed by female teachers.
A legal battle has erupted involving female teachers, their employer—the Teachers Service Commission (TSC)—and several unions over allegations of improper welfare fee deductions amounting to hundreds of millions of shillings over the past five years. The case brings to light serious concerns about transparency and the management of funds deducted from educators’ paychecks.
Quick Summary
- Key Issue: Female teachers allege unauthorized welfare fee deductions by TSC, amounting to significant financial losses over five years.
- Legal Action: Five Kuppet officials have filed a lawsuit against TSC, its CEO Nancy Macharia, Knut, Kuppet, and the EACC.
- Core Allegations: The deductions are linked to an unidentified entity, with irregularities in how the deductions are managed and communicated to the affected teachers.
Background of the Dispute
The conflict has drawn in major stakeholders, including the Ethics and Anti-Corruption Commission (EACC), the Kenya National Union of Teachers (Knut), and the Kenya Union of Post-Primary Education Teachers (Kuppet). The five Kuppet officials—Paul Rotich (Nandi), Robert Miano (Laikipia), Peter Oluoch (Tana River), Jentrix Ogola (Kisii Vice Treasurer), and William Lengoyiap (Samburu)—have spearheaded the lawsuit, citing significant financial losses and a lack of transparency regarding the deductions.
Key Allegations
The officials accuse TSC, CEO Nancy Macharia, and the involved unions of:
- Allowing unauthorized deductions from affected teachers’ salaries
- Ignoring Social Welfare Association (SWA), as the recipient of Sh200 monthly deductions mentioned on pay stubs.
- Using clever tactics like pausing and restarting deductions to make it hard for others to see the full amount taken deducted from their salaries.
- Forcing female teachers to join an unknown group, which goes against both constitutional rights and employment laws.
Specific Claims in Court
According to the court documents seen, affected teachers are said to have suffered from major financial pressure because of these deductions, which kept happening even after several attempts to have them stopped. The deductions lowered affected teacher’s gross pay.
The petitioners argue that TSC and its CEO have demonstrated personal interest in continuing these deductions, hinting at possible underlying motives beyond administrative oversight.
Response from TSC and EACC
The TSC, in its defense, claims that the allegations are based on misunderstandings of employment law and the functionality of the T-Pay system, which allows teachers to manage deductions. Ms. Evaleen Mitei, interim TSC director of human resource management, asserts that teachers can discontinue unauthorized deductions through this system.
Furthermore, TSC clarifies that the deductions are on behalf of the Kenya Women Teachers Association (Kewota), a union that some of the petitioners have purportedly been members of since 2019.
The EACC confirmed to have received the complaint on May 2023 where it stated that the issue was being actively looked into. This suggests there could be ethical and legal issues tied to how deductions were handled.