The Teachers Service Commission (TSC) should stop its unorthodox tactics against both the Kenya National Union of Teachers (KNUT)
and the Kenya Union of Post-Primary Education Teachers (KUPPET) and respect the law by immediately remitting the withheld trade union dues to the two Unions unconditionally.
The Labour Relations Act 2007 Section 48 read together with Section 50 are clear that the employer SHALL effect deductions in respect to union dues from members and such deductions SHALL be paid into the designated trade union or employer’s organisation account within TEN DAYSof the deduction being made hence any action by the TSC either to fail to deduct or fail to remit is in total contravention of the cited law and it is regrettable that an independent commission like TSC could continue to break the law with such impunity and proceed to get the courage to defend their illegal action through some junior officers at the Commission.
Both KNUT and (KUPPET) are not seeking any favours and should not even imagine to when they demand these dues from TSC because the two unions do not belong to Wilson Sossion nor to AkelloMisori but to members who formed these Unions to represent them and the TSC should stop being petty through pedestrian excuses like verifying membership to the two unions because TSC has absolutely no business poking its nose into the affairs of the two unions as these are independent organisations owned by members who enjoy a contract between members and themselves with elected leaders duly mandated to act on their behalf. You may starve these Unions of their rightful funds but remember you will never ever take away their right to organize and belong to a trade union!
If TSC is a body that believes in the rule of law and expects teachers of this country to reciprocate, it should release these dues to the two unions immediately lest it is a dangerous precedence whereupon it should not cry foul should the two unions call on their members to act with impunity against the Commission because the Employer would have set a precedence.
The Central Organisation of Trade Unions, COTU(K) fully detest and abhors this action by the TSC and already has notified the International Labour Organisation (ILO) of its intention to formally raise the matter with this United Nations’ Agency with a view to asking the ILO to commence relevant and specific sanctions against the Kenya Government that seem hell-bent on suffocation and frustrating the exercising of the Provisions of the ILO Conventions 87 and 98 on Freedom of Association and Right to Collective Bargaining that are equally emphasized and reinforced in the preamble of our National Constitution 2010.
Francis Atwoli, EBS, MBS