Special needs teachers lose fight against KUSNET Union deductions

Special needs teachers have lost their attempt to stop the Teachers Service Commission from deducting union dues to the Kenya Union of Special Needs Education Teachers (KUNSET), after a parliamentary committee ruled the deductions were lawful and voluntary.

The National Assembly Committee on Public Petitions found that the teachers had authorised the deductions through the TSC’s T-Pay system when they joined the union.

The committee stated that the deductions were properly executed in line with the Labour Relations Act.

The petition, presented by Edwin Juma, the national chairperson of special needs education teachers, asked Parliament to order TSC to stop the deductions. The teachers claimed they had not joined the union and did not know about KUSNET, arguing they were being forced into a union they did not recognise.

They said they were being denied the right to join a union of their choice and had been unable to stop the deductions despite seeking legal redress.

The petitioners also said the TSC had ignored their complaints and continued to deduct union fees from their salaries without consent.

The teachers told the committee that the TSC was relying on a recognition agreement that assigns union representation by job category: primary teachers to KNUT, secondary and college teachers to KUPPET, and special needs teachers to KUSNET. They said this agreement limited their freedom of association.

They also criticised KUSNET, saying it lacked regional offices, had never held internal elections or Annual General Meetings, and had no presence at the grassroots level.

The petitioners insisted they had not authorised either union dues or agency fees, and that TSC should not continue with the deductions.

In its final report, the committee, chaired by Vihiga MP Ernest Kagesi, ruled that the deductions were made lawfully. It said teachers had authorised them through the T-Pay platform, which allows them to manage deductions and opt out if they choose.

“The committee rejects the prayers on the premise that the agency fee deductions were lawfully made in accordance with section 49 of the Labour Relations Act, and therefore the teachers are not entitled to a refund, as they benefit from the Collective Bargaining Agreement negotiated by KUSNET,” the report stated.

The MPs also rejected the demand to compel TSC to allow the teachers to join unions of their choice, saying the commission had not forced anyone to join any union.

“The committee rejects the prayers on the premise that TSC has not compelled teachers to join their respective unions,” it added.

In its submission, the TSC maintained that union membership is voluntary under section 4(1) of the Labour Relations Act. It said teachers can join or exit any union by adjusting their T-Pay settings.

The commission said all current KUSNET members had willingly approved the deductions, and the claims of forced enrolment were not true.