Court Orders TSC to Deduct September Agency Fees From JSS Teachers

Court Orders TSC to Deduct September Agency Fees From JSS Teachers

The Employment and Labour Relations Court in Nairobi has ordered the Teachers Service Commission (TSC) to deduct and remit September 2026 agency fees from Junior Secondary School (JSS) teachers.

The interim directive has brought renewed attention to the continuing dispute between the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post-Primary Education Teachers (KUPPET) over union representation and agency-fee deductions.

Justice Monica Mbaru issued the order in proceedings involving the two teachers’ unions and TSC. The directive requires the commission to deduct the September agency fees and remit them to KUPPET in accordance with an earlier consent order between KNUT and KUPPET.

The court order states:

“The 1st Interested party (TSC) is hereby directed to deduct and remit agency fees for September 2026 and due to the Respondent (KUPPET) against all JSS Teachers pursuant to the consent order herein between the Petitioner (KNUT) and the Respondent.”

The court also directed that a Notice of Motion dated September 16 be served, giving the relevant parties 14 days to respond. The case will return to court on October 5, 2026, when TSC is expected to report on compliance with the interim directive.

The latest order does not bring the wider dispute between KNUT and KUPPET to an end. Instead, it addresses the immediate question of September agency-fee deductions while the underlying legal issues remain before the court.

Why JSS Teachers Are Paying Agency Fees

Agency fees are different from ordinary union membership dues.

Regular union dues are paid by teachers who have joined a union as members. Agency fees, on the other hand, may apply to eligible non-members who benefit from terms and conditions negotiated through a collective bargaining agreement (CBA).

The dispute involving JSS teachers has centred on which union is entitled to receive agency fees from teachers who benefit from negotiated terms but are not members of the union concerned.

KUPPET has previously maintained that teachers benefiting from its CBA should pay agency fees even when they are not registered members of the union. The issue has become particularly significant following changes in the employment and representation of JSS teachers.

KNUT has also raised concerns over the manner in which some teachers have allegedly been moved between union categories or subjected to agency-fee deductions.

Its Nyamira branch previously questioned deductions involving some of its members and called for documentation explaining how the changes were made.

Wider Dispute Over JSS Management

The disagreement between KNUT and KUPPET extends beyond agency fees to the future structure and administration of Junior Secondary Schools.

KUPPET has advocated for JSS institutions to operate as autonomous schools with their own management structures. KNUT, meanwhile, has supported retaining junior secondary sections within comprehensive schools.

The two unions have also differed over teacher representation at the junior secondary level, adding to the broader debate surrounding the implementation of Competency-Based Education.

For JSS teachers, the immediate effect of the court order is the September 2026 agency-fee deduction. However, the legal dispute over representation and deductions remains unresolved.

The October 5 hearing is therefore expected to provide the next major update, with TSC required to report on its compliance with the interim order and the parties continuing to present their positions before the court.

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Court Orders TSC to Deduct September Agency Fees From JSS Teachers