KUPPET Risks Collapse as TSC Withhold Union Funds.
The Kenya Union of Post Primary Education Teachers (Kuppet) awaits confirmation on whether it will receive its monthly union contributions after experiencing a three-month lapse in funding.
Kuppet’s financial stability is threatened due to the Teachers Service Commission’s (TSC) suspension of union dues following Kuppet’s nationwide strike in August. This dispute has led the union to take legal action, seeking court intervention to restore its funding.
Kuppet has sued TSC for failing to deduct and remit union dues from teachers’ salaries, pointing out that TSC’s approach mirrors tactics previously used in a similar dispute with the Kenya National Union of Teachers (Knut) in 2019.
The Employment and Labour Relations Court has issued an order directing TSC to resume remittance of union dues and agency fees by November 19, 2024.
Meanwhile, TSC continues to deduct dues for Knut, which opted out of the strike just hours before it began.
Knut’s Secretary-General, Collins Oyuu, anticipated repercussions for Kuppet, who had accused Knut of aligning with the government. He argued that Knut’s withdrawal from the strike was intended to protect its members.
Financial Fallout for Kuppet
Kuppet’s inability to access union dues has resulted in significant financial challenges. The union is facing repossession notices from banks for its vehicles, suspension notices from its medical insurance provider, and mounting debts to creditors.
Notably, Jubilee Health Insurance is demanding Sh13.2 million in unpaid premiums, while Stanbic Bank has threatened recovery action due to unremitted loan installments, warning it may report Kuppet’s staff to credit reference bureaus.
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The financial strain appears to have dampened Kuppet’s assertiveness. Although the union initially mobilized teachers to strike, calling for increased allowances for those administering and marking the Kenya Certificate of Secondary Education (KCSE) exams, it has since refrained from further action.
The exams are scheduled to conclude on November 22, 2024, followed by marking.
Kuppet’s operations, especially at branch levels, have suffered significantly. Staff have missed salaries, reminiscent of the financial decline Knut faced when TSC suspended its monthly dues from 2019 to 2021, reducing its membership from over 180,000 to just 12,000.
In its court filings, Kuppet emphasized the importance of an earlier consent order reached with TSC, which provided a return-to-work formula guaranteeing no victimization for strike participation.
Kuppet argues that TSC’s actions amount to contempt of court, as the consent was formalized into a court order.
Statement from Legal Representation
Kuppet’s legal counsel, Jacqueline Lorraine Akello, stated that Kuppet, like any trade union, operates on a budget funded by members’ voluntary contributions.
She highlighted that TSC’s primary role is to facilitate these deductions, underscoring that the union relies on the dues to fund its operations.
“Kuppet, like any trade union, operates within a budget funded by voluntary member contributions, and the only role of the employer is to deduct,” said Jacqueline Lorraine Akello, the advocate for the union.
On November 2, 2024, Kuppet’s national executive board met with President William Ruto at State House, Nairobi. Although this matter likely surfaced during discussions, it was omitted from the post-meeting brief.
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Secretary-General Akello Misori’s statement focused instead on broader issues such as the Affordable Housing program and teacher employment, avoiding any direct request for the President’s intervention in Kuppet’s ongoing struggle with TSC.
KUPPET Risks Collapse as TSC Withhold Union Funds.
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