Court dismisses KUPPET bid to compel TSC to remit JS agency fees

The Employment and Labour Relations Court in Nairobi has dismissed an application seeking to compel the Teachers Service Commission (TSC) to deduct and remit agency fees for Junior Secondary School (JSS) teachers.

Delivering her ruling on Thursday, October 29, 2026, Justice Monica Mbaru reportedly set aside interim orders previously issued against the employer, bringing a new development in the dispute between rival teaching unions over the representation of thousands of teachers.

The dispute arose after the employer promoted and deployed 9,830 primary school teachers to junior secondary schools across the country.

Following the deployment, the Kenya Union of Post-Primary Education Teachers (KUPPET) moved to court under a certificate of urgency, asserting its mandate over post-primary institutions.

KUPPET sought orders to compel the commission to remit agency fees deducted from non-unionised JSS teachers to the union. It also sought punitive action against the TSC Chief Executive Officer over alleged contempt of court.

KNUT challenges KUPPET application

The move triggered opposition from the Kenya National Union of Teachers (KNUT), led by Secretary-General Collins Oyuu, which filed a counter-application challenging the legal basis of KUPPET's demands.

KNUT told the court that the underlying suit, ELRC Petition No. 17 of 2018, had been formally withdrawn and marked closed in October 2025, meaning there was no active case upon which KUPPET could base its fresh application.

According to the account of the ruling, Justice Mbaru agreed that the court had become *functus officio* following the closure of the initial petition.

The legal principle generally means that a court has completed its function in a matter and cannot reopen its decision except where the law permits.

The judge reportedly observed that a substantive dispute concerning JSS teachers and union membership could not be revived through applications filed in a closed case.

She further noted that the employer had complied with the applicable statutory framework and recognition agreements involving KUPPET, KNUT and the Kenya Union of Special Needs Education Teachers (KUSNET).

The ruling also addressed the constitutional right to freedom of association under Articles 36 and 41 of the Constitution, including teachers' right to join a trade union of their choice.

Consequently, the court found no basis for the punitive orders sought against the TSC Chief Executive Officer.

Justice Mbaru reportedly set aside the interim orders issued in September 2026 and directed each party to bear its own costs.

The decision is a significant development in the dispute over agency-fee deductions from JSS teachers. However, the precise effect of the ruling on future deductions and union representation will depend on the terms of the final court order.