Female teachers take TSC to court over unauthorised welfare deductions
A legal fight has broken out between female teachers and their employer over alleged unauthorised deduction of welfare fees from their pay slips running into hundreds of millions of shillings in the last five years.
The battle between the teachers and the Teachers Service Commission (TSC) has sucked in the Ethics and Anti-Corruption Commission (EACC), Kenya Union of Post-Primary Education Teachers (Kuppet) and the Kenya National Union of Teachers (Knut).
Five Kuppet officials have sued their own union, TSC, Knut and EACC (on behalf of the affected female teachers), seeking to halt the deductions, and secure refund of the monies to the affected teachers.
Kuppet branch executive secretaries Paul Rotich (Nandi), William Lengoyiap (Samburu), Robert Miano (Laikipia) and Peter Oluoch (Tana River), and Jentrix Ogola (Kisii Vice Treasurer) have accused Knut, EACC and Kuppet of allowing TSC and its CEO Nancy Macharia to violate the law and the constitutional rights of female teachers.
The Sh200 monthly deductions, indicated in the teachers’ pay slips as Social Welfare Association (SWA), does not show the receiving organisation, according to documents filed before the Employment and Labour Relations Court in Nakuru.
“In an attempt to conceal the nature and cumulative amount of the deductions to confuse the affected teachers on how much has been deducted from them (cumulatively), (TSC and its CEO) often stop the deductions from time to time, for a month or so, after which they resume (deductions),” the officials say in court papers.
They claim that since the deductions commenced five years ago, they had repeatedly made demands for a stop but the TSC and Ms Macharia continued to chop their pay slips “in what could only point at a personal interest on the matter”.
The teachers are seeking to have the court find that “by forcefully enrolling the female teachers into an unknown entity, and deducting the money from their pay, the female teachers have suffered financial embarrassment and injustices”
It is claimed that the deductions, unlike others captured in the pay slips, do not have a clear narration, nor does TSC show the receiving agency.
“They (teachers) remain in the dark to date as to whereabouts, the operations, and day-to-day running of the entity that has been religiously receiving their money from the year 2019 without their authorisation”.
“As a result of these illegal deductions, the female teachers affected have had to contend with receiving an even lesser salary, which money is not sufficient to cater for their needs in these harsh economic times” the petitioners aver in court filings.
After complaints were raised about the deductions, the petitioners say, TSC introduced an “exit button” for Kuppet and Knut members to leave the union as a precursor for their benefiting from the third phase of salary increment.
In a replying affidavit, EACC confirms receiving the complaint on the alleged illegal pay-slip cuts in May 2023.
The Commission (EACC) states that the complaint was received and “it was entered into the system, and the matter is under active investigations stage”.
In its replying affidavit, TSC says the petition by the female teachers is based on misrepresentation of facts, employment law and practice.
“Through the T-Pay system, teachers have the absolute ability to discontinue/or stop any deductions that are unauthorized,” says Ms Evaleen Mitei, the acting TSC director in charge of Human Resource Management.
“Accordingly, the allegations in the petition against the commission are not only illogical but also untenable under the circumstances.”
She states that Social Welfare Association (SWA) deductions were made on behalf of Kenya Women Teachers Association (Kewota)— a union to which one of the petitioners (Ogola) has allegedly belonged since 2019, but which she denies subscribing to.
Knut, as per the court records, has not so far entered a reply to the petition that has far-reaching financial ramifications on the unions and teachers’ welfare associations.
And as a result of the petition, TSC has stopped Burial and Benevolent Fund (BBF) deductions in favour of Kuppet as per a memo to Mr Akello Misori, the union secretary-general.
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Documentaries
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Primetime
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.