- The Employment and Labour Relations Court has ordered TSC to deduct and remit September 2026 agency fees from JSS teachers covered by the order to KUPPET.
- Agency fees, governed under Section 49 of the Labour Relations Act, do not automatically translate into union membership.
- Muhalyahas called for greater accountability from unions, urging teachers to understand their deductions, rights and the collective value derived from union representation.
For thousands of Kenyan teachers, a union deduction is more than another line on the monthly payslip; it is a payment that raises questions about representation, collective bargaining and what members should receive in return.
The debate has been brought into sharper focus by the continuing Junior Secondary School (JSS) union representation dispute and a September 2026 court order directing the Teachers Service Commission (TSC) to deduct and remit September agency fees from JSS teachers covered by the order to the Kenya Union of Post-Primary Education Teachers (KUPPET).
At the grassroots level, teachers are also being encouraged to understand what they pay, why they pay it and the rights and responsibilities attached to union membership. Speaking during a sensitisation meeting in West Pokot, KUNNOPET County Secretary Joseph Sarich emphasised the importance of educating teachers on their rights, responsibilities and the benefits of collective representation.
The convergence of the payroll question, the court dispute and the sensitisation drive points to a larger issue: teachers need to know not only how much they contribute to their unions, but also what those contributions mean, what representation they are entitled to and how unions should remain accountable to their members.
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What Teachers Pay, and Why Unions Matter
Union deductions differ from one organisation to another. KUNNOPET charges Sh300 per month, KNUT deducts 2% of basic salary capped at Sh1,200 per month, KUPPET deducts 1.8% of basic salary, and KUSNET deducts 1.45% of basic salary. For percentage-based subscriptions, the deduction is calculated from basic salary rather than gross salary. These figures refer to membership subscriptions and should not automatically be treated as agency-fee rates, since agency fees arise under a separate legal framework. That distinction is particularly important at a time when teachers are examining their payslips and seeking to understand the legal basis of deductions made from their salaries.
A teachers’ union is not simply a payroll deduction. Its central purpose is collective representation. Instead of an individual teacher negotiating employment terms alone, teachers combine their voices through an organisation capable of negotiating collectively with the employer, covering salary and allowances, career progression, working conditions, workload, deployment, professional development and other employment terms. Unions can also represent members in employment disputes and engage the government and education authorities on policies affecting teachers.
In a rapidly changing education system, that collective voice becomes particularly significant. The implementation of CBE, expansion of JSS, teacher deployment, changing professional requirements, assessment reforms and continuing discussions on the structure of basic education all have direct implications for teachers. This makes teacher sensitisation important, since teachers cannot effectively exercise rights they do not understand, and cannot demand accountability from organisations whose mandates and structures they do not fully understand.
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The JSS Court Dispute and the Agency Fee Confusion
The distinction between membership and agency fees has become particularly visible in the JSS sector. On September 23, 2026, the Employment and Labour Relations Court in Nairobi issued an interim order directing TSC to deduct and remit September 2026 agency fees from JSS teachers covered by the order to KUPPET, pursuant to an earlier consent order between KNUT and KUPPET. Justice Monica Mbaru issued the direction in proceedings filed by KNUT.
The wording and status of the order matter. It is not a final judgment declaring every JSS teacher to be a KUPPET member, nor does the September deduction itself convert a teacher into KUPPET membership. The order specifically concerns September 2026 agency fees, while the wider dispute remains before the court. TSC was required to report on compliance, with the matter scheduled for further proceedings on October 5, 2026. The broader dispute includes questions surrounding agency fees for JSS teachers covered by relevant collective bargaining arrangements but who are not members of the union receiving the payment, alongside wider questions concerning representation at JSS level. For teachers, therefore, a deduction on a payslip should not automatically be interpreted as proof of membership in the union receiving it.
Under Section 48 of the Labour Relations Act, trade-union dues are regular subscriptions paid by union members as a condition of membership. Section 49, on the other hand, provides for agency fees in circumstances involving eligible unionisable employees who are not members of a union but are covered by a registered collective bargaining agreement negotiated by that union, subject to the statutory requirements. Membership dues arise because a teacher belongs to the union, while agency fees may arise for an eligible non-member under the statutory framework where the relevant legal conditions are satisfied. An agency-fee deduction therefore does not, by itself, make a teacher a member of that union. The distinction also matters when a teacher considers leaving a union, since ending ordinary membership deductions and eliminating any potential agency-fee obligation are not necessarily the same legal question.
Another misconception deserves clarification: an agency fee is not a strike fee. It is connected to collective representation and the statutory framework governing agency fees and collective bargaining agreements, whereas a strike is a form of industrial action arising from a labour dispute. The two should not be conflated simply because both may arise during difficult negotiations between teachers, unions and the employer.
What Should Teachers Get in Return?
The monthly deduction should lead to a bigger conversation about value and accountability. Teachers are professionals, not merely sources of monthly subscriptions. Where teachers contribute financially to collective organisations, they should expect credible representation, transparent communication, meaningful participation, professional advocacy and accountability. Union leadership should be able to explain what it is negotiating, what it has achieved, what challenges remain and how members’ contributions support its operations.
This principle applies across the union movement. Whether a teacher pays a flat Sh300 monthly subscription or a percentage of basic salary, the teacher should understand the organisation’s mandate, membership rights and the services and representation associated with membership. Teachers also have a responsibility to understand their union constitutions, CBAs, membership rights, deduction arrangements and the legal basis of deductions appearing on their payslips.
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The JSS dispute demonstrates why teachers need accurate information about membership, CBA coverage, agency fees and union representation, reinforcing the importance of sensitisation at county and grassroots level. Sarich’s message in West Pokot fits into this broader need: teachers must understand not only what is deducted from their salaries, but also why the deduction exists, what rights accompany membership and what responsibilities come with belonging to a professional organisation.
Unions, for their part, have a responsibility to communicate clearly with members, account for their activities and demonstrate the value of collective representation. The employer must likewise implement lawful deductions and court directions while respecting teachers’ statutory labour rights.
Ultimately, the conversation should move beyond “How much is being deducted?” to a more important question: “What collective value is being created from what teachers contribute?” That is where meaningful union accountability begins, not simply with the size of a deduction, but with the quality of representation, strength of collective bargaining, protection of legitimate interests, professional advocacy and accountability to the teachers who sustain the organisations.
By Hillary Muhalya
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