- The Employment and Labour Relations Court has directed TSC to deduct and remit September 2026 agency fees from JSS teachers to KUPPET.
- Justice Monica Mbaru has ordered TSC to respond within 14 days and report on compliance when the matter is heard on October 5, 2026.
- The dispute stems from disagreements between KNUT and KUPPET over JSS teacher representation and entitlement to agency fees under Section 49 of the Labour Relations Act.
The Employment and Labour Relations Court in Nairobi has directed the Teachers Service Commission (TSC) to deduct and remit September 2026 agency fees from Junior Secondary School (JSS) teachers covered by the order, amid an ongoing dispute between the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post-Primary Education Teachers (KUPPET).
Justice Monica Mbaru issued the interim order in proceedings filed by KNUT, directing TSC to remit the September agency fees to KUPPET in accordance with an earlier consent order between the two unions.
The court further directed that the Notice of Motion be served, giving TSC 14 days from September 16 to respond to the application.
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The matter will be heard on October 5, 2026, when TSC is also expected to report to the court on its compliance with the directive.
The dispute centres on the representation of JSS teachers and the payment of agency fees by teachers who are not members of the union but benefit from terms negotiated through a collective bargaining agreement. Under Section 49 of the Labour Relations Act, non-union members who benefit from terms negotiated by a union may be required to pay an agency fee.
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The latest order comes against the backdrop of continuing disagreements between KNUT and KUPPET over the union representation of JSS teachers and related deductions. The issue has also generated concerns among teachers over how deductions are made and which union is entitled to receive the agency fees.
The court proceedings are expected to provide further direction on the dispute, and TSC must demonstrate compliance when the matter comes up for hearing on October 5.
By Kimwele Mutuku
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