The Ministry of Labour has barred the Kenya National Union of Teachers (KNUT) from collecting member fees from teachers. This is despite the Kenya Union of Post Primary Education Teachers (KUPPET) being authorized to do so.
A legal notice filed by Labour Cabinet Secretary Simon Chelungui reveals that KUPPET will continue collecting a monthly fee of Sh300 from its members every month.
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KNUT has so far rubbished the missed privilege claiming that it would be resolved soon. The former giant union says that some pending issues are being addressed with the Teachers Service Commission (TSC) and the Labour Ministry.
“Our legal notice regarding union dues is coming over and there should be no cause for alarm,” KNUT Secretary General Collins Oyuu stated. The Labour Relations Act, states that TSC shall remit to KUPPET the amount of money deducted from its employees and affiliation to the union done within ten days.
KUPPET had been advantaged by the bad relationship between KNUT and the state that saw a number of teachers defecting from KNUT.
KNUT has about 15,000 members a major decrease from 184, 471 as KUPPET and KUSNET, a recently formed union commands a membership of 109, 000 and 8,000 respectively.
KUSNET which caters for teachers teaching in special schools has also not been authorised to collect fees from its employees. Unionless teachers will however be deducted an agency fee.
The secret deal that Knut signed with TSC
It has also been revealed that KNUT signed a deal with TSC that considerably weakens its current bargaining power as compared to its former status.
The latest deal signed between the two parties repeals the recognition agreement signed on May 15, 1968, therefore set to lock out headteachers, limit its membership to primary school teachers and reduce branches.
The changes were made during the non-monetary collective bargaining agreement (CBA) between TSC and KNUT on July 12. The two did not disclose much details of the deal, however, Nation claims it possesses the document which shows the union might have signed away more than they received.
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For instance, KNUT agreed that its members could now be promoted as per the Career Progression Guidelines (CPGs) that have been the source of dispute between the union and the TSC.
The Employment and Labour Relations Court in June 2019 directed that Knut members should not be subjected to the CPGs but be promoted according to the teachers' Schemes of Service.
Due to the ruling, KNUT members were denied promotions and salary increments leading to the union's mass exit from July 2019.
“To standardise the terms and conditions of service and align the grading structure with the job evaluation results of 2016, parties hereby mutually agree to replace the Schemes of Service for Teachers and to formally adopt the provisions of CPGs as per the employer’s Circular No.7 of 2018,” it reads.
The CBA between TSC and unions required the parties to review their long term recognition agreement and sign a new one that introduces the changes.
Hidden From The Public
“Parties mutually agree that this agreement revokes the recognition agreement by the parties dated May 15 1968,” it reads the CBA signed on August.
It must be remembered that back in 2019 when the union was headed by Wilson Sossion, the commission had written to Knut threatening to cancel their recognition agreement as the relationship between the two worsened.
Since the agreement was made effective, headteachers officially do not belong to the union, a factor that has reduced its membership. TSC initially wanted to lock out about 80,000 teachers, including deputy headteachers and senior teachers.
“Parties mutually agree that a headteacher and/or a teacher acting in the position of a headteacher shall not be a member of the union,” the document reads.
KNUT will only represent primary school teachers, according to the agreement unlike in the past when any teacher could join the union.
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Secretary-General Collins Oyuu said the agreement is necessary to protect the union’s main constituency stating that more teachers’ unions have been registered.
“Other unions have ring-fenced their membership. There’s even another union that has applied for registration targeting primary school teachers. Suppose that union is registered, where will that leave us? We’ll be finished,” he said.
The new agreement also states that the KNUT's branches will be reduced from 110 to 47 taking effect on July 1, 2026. Mr Oyuu said the move will improve union management and services, stating that some branches such as Kuria East have less than 400 members.
Mr Oyuu said that more than 10,000 teachers have logged in to join the KNUT since his election as
Secretary-General in June.
A new teachers union, the National Education Union (NEU) which seek to recruit teachers from all levels of the teaching service and both private and public school teachers has been formed.
NEU has already written to the Registrar of Trade Unions seeking registration.
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