Female Teachers Sue Nancy Macharia and TSC Over Unauthorized Kewota Deductions.
A significant legal battle has erupted between female teachers and the Teachers Service Commission (TSC) over unauthorized welfare fee deductions from their salaries. This dispute, which has been brewing for the past five years, involves sums amounting to hundreds of millions of shillings. Central to the conflict are the TSC and its CEO, Nancy Macharia, who are accused of unlawfully deducting funds without the teachers’ consent.
The lawsuit, initiated by five officials from the Kenya Union of Post-Primary Education Teachers (Kuppet), aims to halt these deductions and secure refunds for the affected teachers. The officials include Paul Rotich (Nandi Branch), William Lengoyiap (Samburu Branch), Robert Miano (Laikipia Branch), Peter Oluoch (Tana River Branch), and Jentrix Ogola (Vice Treasurer of the Kisii Branch). They have sued TSC, Kuppet, the Kenya National Union of Teachers (Knut), and the Ethics and Anti-Corruption Commission (EACC), which is representing the affected teachers.
According to court documents filed at the Employment and Labour Relations Court in Nakuru, the Sh200 monthly deductions, labeled as Social Welfare Association (SWA) on the teachers’ pay slips, do not specify the receiving organization. The petitioners argue that this lack of transparency is intentional, designed to obscure the total amount deducted and confuse the teachers.
The officials claim that despite their repeated demands over the past five years to cease the deductions, TSC and Macharia persisted. They suggest that this persistence indicates a potential personal interest in the matter by those involved. The teachers’ petition seeks to establish that these forced enrollments and deductions have caused financial distress and injustice.
One of the critical points in the lawsuit is the lack of clarity regarding the deductions. Unlike other deductions on their pay slips, the SWA deductions do not provide a clear narrative or identify the recipient agency. The teachers remain unaware of the entity receiving their money since 2019, leaving them in the dark about its operations and management.
The deductions have had severe financial repercussions for the teachers, especially given the current economic hardships. They argue that receiving a reduced salary due to these unauthorized deductions has exacerbated their financial struggles. In response to the outcry, TSC introduced an “exit button” for Kuppet and Knut members to leave the union, ostensibly to facilitate their eligibility for the third phase of salary increments.
The EACC, in its responding affidavit, confirmed receiving the complaint about the illegal deductions in May 2023. The Commission acknowledged that the matter is under active investigation. However, TSC, in its defense, claims that the teachers’ petition is based on a misrepresentation of facts. Evaleen Mitei, the acting TSC director in charge of Human Resource Management, stated that the T-Pay system allows teachers to stop any unauthorized deductions at their discretion. Therefore, TSC argues that the allegations are illogical and untenable.
Mitei further explained that the SWA deductions were made on behalf of the Kenya Women Teachers Association (Kewota), a union which one of the petitioners, Ogola, has allegedly been a member of since 2019. Ogola, however, denies subscribing to Kewota. The dispute has yet to see a response from Knut, which could have significant financial implications for both unions and the teachers’ welfare associations.
In light of the ongoing litigation, TSC has halted the Burial and Benevolent Fund (BBF) deductions in favor of Kuppet, as stated in a memo to Kuppet’s secretary-general, Mr. Akello Misori. This case highlights the need for transparency and accountability in salary deductions and the protection of employees’ rights against unauthorized financial transactions.
Female Teachers Sue Nancy Macharia and TSC Over Unauthorized Kewota Deductions.
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