Teacher unions have stepped into the Ministry of Labour’s newly launched consultative process on agency fee reforms at a moment of heightened activity within the union movement, as they prepare for their internal elections scheduled for next year.
The timing adds significance to their participation in a national dialogue that is expected to reshape how agency fees are governed across Kenya’s labour landscape.
The two-day meeting at Maanzoni Lodge in Athi River, convened by the Ministry of Labour and Social Protection, brings together a wide spectrum of labour stakeholders.
Among those present are the Teachers Service Commission (TSC), the Central Organization of Trade Unions (COTU-K), the Federation of Kenya Employers (FKE), the Public Service Commission, the Council of Governors, the teachers unions and a host of government agencies. Their mandate is to begin crafting comprehensive Agency Fee Regulations, following a directive issued by the Employment and Labour Relations Court in Petition No. E058 of 2023.
The court found that Kenya’s current system for managing agency fees—which are deductions levied on non-union employees who benefit from Collective Bargaining Agreements—has long lacked transparency, consistency and reliable oversight. It ordered the Ministry to prepare regulations that would bring clarity and fairness to the process, while protecting workers’ rights and strengthening accountability.
For teacher unions such as KNUT and KUPPET, the discussions come at a time when they are already mobilising their membership and fine-tuning their priorities ahead of union elections expected in 2026.
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Although the election processes are internal, they naturally heighten attention to union governance, financial management, and the equitable treatment of all educators—issues closely tied to the administration of agency fees. The clarity that will come from the new regulations is therefore likely to influence how unions organise themselves, engage members, and prepare for transitions in leadership.
Throughout the Athi River meeting, teacher union representatives, employers and government officials are reviewing the court judgment, identifying gaps in existing practices and proposing the principles that will guide the development of the new regulatory framework.
They are expected to consider how agency fees should be applied, who should be exempt, the mechanisms for ensuring transparency in the use of collected funds and how the regulations can support industrial harmony across the public service.
The presence of TSC alongside the teacher unions underscores the significance of the process for the education sector, where agency fee disputes have periodically surfaced and contributed to tension between employers and unions.
The forum offers a unique opportunity for both sides to align on a framework that is not only legally sound but also practical for implementation in schools and teacher management structures.
Once the two-day retreat concludes, the Ministry will compile a detailed report capturing stakeholder input and convert it into an initial draft of the regulations. This draft will undergo further refinement before being presented for validation and eventual gazettement.
As the labour sector awaits this new regulatory framework, teacher unions navigate the dual responsibility of contributing to a national policy process while simultaneously preparing for internal elections.
Both developments are poised to shape the direction of the unions and the broader education labour environment in the coming year.
By Philip Koech
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