The Kenya National Union of Teachers (KNUT) has accused the Teachers Service Commission (TSC) of interfering with teachers' freedom of association by allegedly pressuring Junior School (JS) teachers to join the Kenya Union of Post-Primary Education Teachers (KUPPET).
The union claims that some teachers who were previously members of KNUT have been subjected to intimidation and unauthorised changes in their union affiliation following their deployment from primary schools to junior schools.
The allegations have intensified an increasingly bitter contest between the two teachers' unions over the representation of thousands of educators serving in junior schools under the Competency-Based Education (CBE) system.
KNUT Secretary-General Collins Oyuu has maintained that teachers should be allowed to exercise their constitutional right to choose the union they wish to belong to without interference from their employer or rival organisations.
The dispute follows the deployment of more than 20,000 teachers from primary schools to junior schools over the past three years to address staffing shortages arising from the implementation of the new education curriculum.
KUPPET seeks transfer of 10,250 teachers
KUPPET has been pushing for the teachers to be transferred to its membership, arguing that their deployment and appointment as Secondary Teacher II places them within the post-primary education sector.
The union, led by Secretary-General Akelo Misori, recently demanded that TSC facilitate the release of 10,250 teachers who had allegedly submitted applications to leave KNUT and join KUPPET.
However, Oyuu has accused KUPPET of influencing the commission to transfer teachers into its membership without obtaining their consent.
He cited 9,830 teachers who, according to KNUT, were returned to the union following a court order after expressing their preference to remain members.
The controversy has also exposed disagreements over union deductions, with some teachers reporting that they discovered contributions to KUPPET on their payslips despite not having requested to change their affiliation.
Court ruling adds weight to union dispute
The Employment and Labour Relations Court last month overturned interim orders that had required TSC to deduct agency fees from junior school teachers in favour of KUPPET, directing that the dispute be pursued through properly instituted proceedings.
The court also reiterated that teachers have the constitutional right to belong to a trade union of their choice.
The unfolding confrontation has placed TSC at the centre of a labour dispute that could have far-reaching implications for union representation, teachers' welfare and industrial relations in the education sector.
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