KUPPET Gives TSC a 14-Day Deadline to Reimburse Housing Levy or Face Legal Action
The Teachers Service Commission (TSC) is facing heightened pressure to reimburse housing levy deductions from teachers’ salaries, which could amount to up to Sh30,000 for the highest-paid teachers since July of the previous year.
On Wednesday, the Kenya Union of Post Primary Education Teachers (Kuppet) issued a 14-day ultimatum to the TSC, demanding a refund or preparing to face legal consequences. Kuppet accused the TSC of blatantly disregarding court orders, stressing that there is no justifiable reason for withholding teachers’ money without legal grounds.
Moses Nthurima, the acting secretary-general of Kuppet, emphasized that superior courts have made clear pronouncements on the matter, and the TSC cannot claim ignorance of these orders. Nthurima stated, “They can’t claim they don’t know the orders, and for that reason, they have to return the money.”
The union is now threatening legal action against the TSC, insisting on a complete refund of the deducted money. Recent revelations indicate that February salaries of 406,000 teachers experienced housing levy deductions, despite the levy being declared illegal. TSC CEO Nancy Macharia explained that the January deductions were implemented before the court order, clarifying that the TSC’s payroll is processed on the 20th of every month, while the court ruling on the housing levy occurred on the 26th.
Kuppet’s demands include a full refund of all housing levy deductions dating back to its initiation in July of the previous year. According to calculations, the highest-paid teacher, earning a maximum basic salary of Sh131,380, minus allowances, has experienced monthly deductions of approximately Sh6,000, totaling around Sh30,000 deducted so far. Meanwhile, the lowest-paid teacher, earning about Sh22,793, has been subjected to deductions amounting to approximately Sh5,000.
Nthurima expressed dissatisfaction with the government’s actions, stating that they indicate blatant disobedience of the law. He demanded the immediate reimbursement of illegal deductions made within 14 days, warning of legal action if not addressed.
Nthurima also raised concerns about the TSC proceeding with housing levy deductions this month, despite a standing court order against it. He pointed out that the TSC had acknowledged its intent to refund the deductions in official communication with the union the previous month, demonstrating contempt of court on the part of the TSC’s CEO and commissioners.
A teacher in job group C3 shared a payslip with The Standard, revealing a deduction of Sh1,114 as a housing levy. The teacher expressed disappointment at the lack of explanations regarding the deductions and uncertainty about their discontinuation.
Nthurima emphasized the commission’s independence, granted by the Constitution, and criticized its alignment with the Executive, calling it a violation of its legal autonomy.
In a broader context, on February 20, Members of Parliament passed the Housing Bill during the second reading, followed by approval on February 21 during the third reading. The Bill is now set for deliberation in the Senate before potential assent into law by the President.
