The Teachers Service Commission (TSC) finds itself embroiled in controversy as it defends its decision to deduct the housing levy tax from teachers’ January pay slips, despite a court ruling halting the deductions. TSC CEO Nancy Macharia has clarified the sequence of events, explaining that the Court of Appeal ruling against the deductions was issued on January 25, several days after the deductions were already processed and salaries disbursed.
Quick Summary:
- TSC proceeded with housing levy deductions despite a court ruling halting them.
- CEO Nancy Macharia cites timing constraints, stating payroll was processed before the court ruling.
- Kenya Union of Post Primary Education Teachers (KUPPET) demands reimbursement of deducted amounts.
- KUPPET seeks assurance from TSC to abide by court orders in the future.
- Threats of legal action loom if TSC fails to comply with demands.
Macharia, while acknowledging the court’s ruling, has not committed to refunding the irregularly deducted amounts from teachers’ pay slips. This stance has drawn criticism from the Kenya Union of Post Primary Education Teachers (KUPPET), which promptly demanded the immediate release of the deducted funds to affected teachers. KUPPET Secretary General Okello Misori emphasized the importance of TSC adhering to court orders, particularly those concerning the housing tax.
The Demand for Reimbursement:
- KUPPET insists on the immediate release of deducted taxes to teachers.
- Seeks assurance from TSC to comply with future court orders, specifically regarding the housing tax.
Misori’s statement underscores KUPPET’s determination to protect its members’ rights, warning of potential legal action should TSC persist in disregarding their demands. The threat of moving to court highlights the seriousness of the situation and the union’s commitment to ensuring teachers receive their rightful earnings.
Legal Implications and Challenges:
- TSC’s defiance of the court order raises questions about its commitment to upholding the law.
- President William Ruto’s affordable housing plan faces setbacks following the Court of Appeal’s refusal to extend the housing levy collection order.
- High Court judges critique the lack of a comprehensive legal framework for the housing levy and its discriminatory nature.
The broader implications of TSC’s actions extend beyond the immediate dispute, reflecting on the government’s affordable housing agenda and its legal standing. The court’s criticism of the housing levy’s implementation underscores the need for a more equitable and legally sound approach to policy initiatives affecting formal sector employees.
