KUPPET Busia branch calls for the reimbursement of deducted housing levy

The Busia branch of the Kenya Union of Post Primary Education Teachers (KUPPET) is pressing the Teachers Service Commission (TSC) to adhere to court directives and reimburse the housing levy deducted from teachers’ salaries since its initiation. Moffats Okisai, the Executive Secretary of KUPPET Busia, condemned the TSC’s disregard for court rulings, deeming it both unethical and illegal to deduct the housing levy from teachers’ wages. Consequently, the union is now calling for a refund of the deducted funds as a demonstration of the TSC’s commitment to legal compliance.

Okisai emphasized that as a constitutional commission, the TSC holds not only a legal obligation but also a moral responsibility to uphold just laws and court rulings. In contrast, teachers bear a moral and legal duty to resist and disregard unjust laws and practices. This assertion is rooted in the belief that justice and legality should guide the actions of both the TSC and teachers.

The contentious Housing Levy faced a setback when the High Court declared it unconstitutional in a ruling on November 28, 2023. Subsequently, on January 26, 2024, the Court of Appeal dismissed an application for a stay of execution and declined to grant conservatory orders related to Section 84 of the Finance Act 2023, which pertains to the housing levy. Despite these legal developments, the TSC continued to deduct the housing levy from teachers’ salaries.

In response to the TSC’s persistent defiance of court orders, the top leadership of the union issued a 14-day ultimatum last week, demanding the refund of the housing levy. Failure to comply within the stipulated period could result in legal action against the TSC, as the union perceives the continued deductions as a blatant act of disobedience to court orders.