The Kenya Union of Post-Primary Education Teachers (KUPPET) has demanded for the immediate refund of the controversial housing levy deducted from teachers January 2024 payslips.
Speaking to the media, Kuppet Secretary General Akelo Misori ordered the Teachers Service Commission (TSC) to return all the deductions made.
KUPPET accused TSC of deducting the outlawed housing levy from teachers January payslips despite the court declaring the levy illegal.
“Amid the grave economic difficulties and indeed all Kenyans face the last thing we expect from responsible employer is the making of illegal deductions on workers’ payslips. KUPPET demand the immediate release of the illegally deducted taxes to teachers,” said Misori.
The union now wants TSC to refund teachers all their money or be subjected to a legal suit over the deductions.
“As a union KUPPET will take all measures to protect members hard earned salaries and benefits our options include instituting contempt proceedings against TSC judicial in their personal capacities over this matter of housing levy,” stated the SG.
Misori said they have received payslips from members from around the country and they all indicate that the Commission deducted the tax from the January 2024 salaries.
No Excuses- KUPPET
He explained that TSC’s action only demonstrates its willingness to disobey the law since the court ruling came at a good time for the Commission to make appropriate changes to the payroll.
“Such action fits in a disturbing pattern where public authorities over court orders at their own convenience. Kuppet is horrified by the TSC’s flagrant violation of court orders over the housing levy fund,” said Misori.
Misori said TSC cannot give an excuse that the deductions happened since they had already prepared the January payroll.
“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 call for a recall of the payroll that has gone to the bank,” he explained.
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Court Ruling
The Court of Appeal on January 26 declined to lift orders by the high Court suspending the Housing levy.
In a ruling delivered by a three-judge bench, the Court held that the deductions remain suspended.
They said it is in the public interest that the appeals first be heard.
Also Read: Wanjigi Poses Tough Questions for Ruto on Usage of Housing Levy Funds
The trial Court held that the Housing Levy was introduced without a legal framework.
The Attorney General and the National Treasury moved to the appellate court after the High Court found the deductions to be unconstitutional.
Earlier on January 4, the Court of Appeal had extended the period of housing levy deductions to January 26, 2024.
The court ruled that the government should continue deducting the levy pending the determination of various applications before it.
