Knut blames TSC over recruitment of JSS teachers to join Kuppet

Kenya National Union of Teachers(Knut) has blamed the Teachers Service Commission(TSC) for what it called influencing the recruitment of Junior Secondary School Teachers(JSS) to join the Kenya Union of Post-Primary Education Teachers Union(Kuppet).

Speaking while addressing a press conference on Friday at their headquarters in Nairobi after holding a National Executive Council(NEC) meeting, KNUT said TSC should stop being used by Kuppet but allow teachers to exercise their constitutional right to freely join their trade union of choice.

“Our position is founded on the Constitution of Kenya, the Labour Relations Act, 2007, the applicable recognition agreements, the principles of international labour law and, above all, the need to safeguard the rights, dignity and professional interests of every teacher,” said Collins Oyuu, KNUT secretary general.

He added: “We wish to assure our members and the entire teaching fraternity that KNUT remains firmly committed to constitutionalism, the rule of law, constructive industrial relations and the protection of teachers against arbitrary or unlawful interference with their freedom of association.”

The two unions had been embroiled in a court case since 2018 in the Employment and Labour Relations Court Petition concerning the representation of teachers in JSS.

The dispute, he said originated from concerns raised by KNUT over KUPPET's position on the collection of agency fees from teachers whom KNUT considered to fall within its recognised constituency,  following their deployment to teach the Competency-Based Curriculum (CBC) in JSS.

The matter remained before the court until TSC sought an amicable resolution of the dispute, encouraging the two to explore industrial harmony and alternative dispute-resolution mechanisms rather than continue with protracted and costly litigation.

In the spirit of good faith, professional solidarity and the collective responsibility of teachers' unions, Oyuu said KNUT agreed to withdraw the original proceedings.

This decision, he said was informed by the conviction that industrial relations disputes should, wherever possible, be resolved through dialogue, mutual understanding and respect for established agreements.

The original petition was withdrawn and closed, and now said there are subsequent applications seeking to rely on the earlier proceedings.

Towards the end of October, the Labour Relations Court overturned an interim order requiring TSC to deduct agency fees from JSS teachers for Kuppet.

Justice Monica Mbaru ruled that Kuppet could not pursue the decisions through the petition that Knut had withdrawn on October 16, 2025.

 “Knut is aware of the subsequent proceedings in which the court considered applications relating to the implementation of agency-fee arrangements involving Junior School teachers. The union maintains that a withdrawn and concluded petition cannot simply be revived or relied upon as an independent source of new rights without a proper legal basis,” said Oyuu.

He added: “We reaffirm our position that the legal status of the proceedings must be understood from the actual orders and rulings of the court, and not from selective interpretations or unilateral pronouncements by interested parties. Knut will continue to pursue every lawful avenue to protect its recognised constituency and the rights of teachers.”

The court also rejected Kuppet’s request to summon acting TSC chief executive officer Evaleen Mitei to explain the commission’s alleged failure to implement the agency-fee order and to have her jailed for contempt.

A fundamental source of confusion in the current debate, according to Oyuu, is the interpretation of the demarcation of trade union constituencies under the industrial relations arrangements between TSC and the teachers' unions.

“Knut wishes to make it clear that trade union representation must be determined by the applicable recognition arrangements, the registered constitutions of the respective unions and the governing law,” said Oyuu.

Last week, Kuppet demanded the immediate transfer of more than 20,000 graduate teachers deployed to JSS over the past three years from the KNUT, accusing the rival union of unlawfully retaining members who have expressed their desire to join Kuppet.

Kuppet argued that the teachers, who possess a minimum KCSE grade of C+ and relevant subject specialisations, qualify for representation under KUPPET, adding that their appointment letters designate them as Secondary Teacher II.

The union also gave TSC pressure to fast-track the transition, warning that continued delays have resulted in illegal double deductions of Union membership fees and denied the affected teachers their rightful representation.

Knut, however, said Kuppet is being driven by “personal greed and aggrandisement” and were surprised to find that even their official members were found to have been transitioned to Kuppet without their knowledge.