The court set aside orders requiring TSC to deduct agency fees from affected JSS teachers.
Justice Monica Mbaru vacated the deduction orders after finding no basis to reopen a withdrawn petition.
The Employment and Labour Relations Court has set aside orders requiring TSC to deduct JSS agency fees for KUPPET. The decision overturns an interim directive covering September deductions from affected junior secondary school teachers.
Justice Monica Mbaru delivered the ruling on Thursday, October 29, following an application by the Kenya National Union of Teachers (KNUT). She found no sufficient reason to reopen the original petition, which had already been withdrawn.
The earlier orders required the Teachers Service Commission to deduct and remit the money to KUPPET. However, the judge directed parties to pursue any fresh dispute over the deductions through separate proceedings.
Why the court set aside JSS agency fees orders
The court found that the withdrawal of the original petition had closed the case. Consequently, Justice Mbaru vacated the interim orders issued on October 17, 2026, rather than reopen proceedings to introduce the agency-fee dispute.
KUPPET had argued that junior secondary teachers fall within its mandate to represent educators in post-primary institutions. It also maintained that non-members who benefit from its collective bargaining agreement should pay agency fees.
The union sought deductions amounting to 1.8 per cent of the affected teachers’ basic salaries under an existing ministerial order. Meanwhile, TSC told the court it had deployed 9,830 primary school teachers to junior secondary schools.
The commission said it assessed the teachers’ qualifications and institutional staffing needs before deploying them. Those teachers had previously fallen within KNUT’s constituency.
Teachers retain freedom to choose their union
Justice Mbaru affirmed that teachers retain their constitutional right to choose a trade union. That protection also covers teachers who move from primary schools to junior secondary institutions under TSC deployments.
However, the judge clarified that qualifying non-unionised teachers may still owe agency fees when they benefit from an applicable collective bargaining agreement. She cited Legal Notice No. 98 of 2018, as amended by Legal Notice No. 98 of 2022.
KUPPET had also sought a summons against TSC Chief Executive Officer Evelyn Mitei over alleged failure to implement deductions. In addition, it asked the court to imprison her for at least seven days for contempt.
The judge found no justification for the orders sought against either the commission or its chief executive.
