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The Kenya Union of Post-Primary Education Teachers (Kuppet) has demanded the immediate refund of the housing levy deducted from their payslips.

Union Secretary General Akelo Misori yesterday said the government should take all necessary measures to protect teachers’ hard-earned pay, including their retirement benefits managed by the Public Service Superannuation Scheme (PSSS).

He said the union will make every effort to protect the member’s salaries and benefits, even as they accused Teachers Service Commission (TSC) of blatant violation of court order.

“As a union, Kuppet will take all measures to protect members’ hard-earned salaries and benefits. Our options include instituting contempt proceedings against TSC officials in their personal capacities.

“This was an important matter that could not have surpassed the attention of TSC,” Akelo said in a press conference in Nairobi.

Disturbing pattern

Since the court rulings came at a good time for the commission to make appropriate changes to the payroll, Misori said TSC’s action only demonstrates its willingness to disobey the law.

“Such action fits in a disturbing pattern where public authorities obey court orders at their own convenience. Kuppet is horrified by the TSC’s flagrant violation of court orders over the Housing Levy Fund,” he stated.

According to Misori, many members across the country have shared their pay-slips and all indicate that the commission deducted the tax from this month’s salaries.

This is despite there being clear and unambiguous orders by the High Court and the Court of Appeal declaring the housing tax illegal and unconstitutional. “Amid the grave economic difficulties that teachers and all Kenyans face, the last thing we expect from a responsible employer is making of illegal deductions on workers’ pay-slips,” he said.

Illegally deducted

And added: “Kuppet demands immediate release of the illegally deducted taxes to teachers. We have also sought an assurance from the Commission that it will obey court orders going forward, including specifically the orders on the housing tax.”

He said the union never supported the Finance Bill, adding that the Government gave in terms of a salary raise was 7 – 10 per cent to mitigate the already worsened economic situation faced by all workers.

“If TSC dares to say that it happened when they had already prepared the payroll, we have seen in this country teachers paid in the following month when there were errors on other smaller issues, now a big issue where Court of Appeal has given an order calls for a recall of the payroll that has gone to the bank,” he insisted.

Misori noted that TSC have at their disposal technology to recall this action. “If we knew they would blatantly disobey the court orders then we could have yelled in the streets… yelling that they understand best but we thought it would be a responsible employer listening to what other arms of Government are doing,” he explained.