Teacher sues KEWOTA, TSC over alleged salary deductions

KEWOTA Chief Executive Officer Benter Opande and chairperson Modesta Akaki during a press briefing on April 14, 2026. [Jonah Onyango, Standard]

A teacher has moved to court seeking urgent intervention over what she describes as unlawful, unconstitutional, and continuous deductions from her salary.

In a petition filed at the Employment and Labour Relations Court in Kakamega, the teacher accused the Kenya Women Teachers Association (KEWOTA), the Teachers Service Commission (TSC), and the Attorney General of violating her constitutional rights through unauthorized deduction.

The female teacher employed by the TSC argues that the deductions, which she says began around 2019, have been effected without her consent and without any lawful basis. 

“I categorically state that I have never applied for membership to KEWOTA,” she says in her supporting affidavit. 

“I have never executed any check-off form authorizing the deduction of union dues, association fees, or any other payments in favour of the 1st Respondent.”

According to the petition, the deductions have been continuous and recurrent, appearing in her monthly payslips. 

She maintains that she was neither notified nor consulted before their commencement, and has never issued any written, oral or implied consent permitting such deductions.

The case is anchored on several provisions of the Constitution, including Articles 40, 41, and 47, which guarantee protection of property, fair labour practices, and fair administrative action, respectively. 

She also argues that her salary constitutes property and that any unauthorized deductions amount to “arbitrary deprivation of property without lawful justification.”

She further contends that the actions of the respondents violate Section 19 of the Employment Act, which strictly regulates permissible deductions and requires express employee consent. 

The petition also cites a lack of due process, stating that the deductions were imposed without notice, reasons or opportunity to be heard.

Beyond her individual case, she claims the issue is widespread. 

“I am aware, from public reports and general knowledge, that the impugned deductions are not isolated to myself but affect numerous teachers across the country,” she states, adding that she believes the deductions are part of “a systemic, unlawful and coordinated scheme affecting teachers.”

In her application, filed under a certificate of urgency, she is seeking conservatory orders to immediately stop the deductions, pending the hearing and determination of the petition. 

She warns that unless the court intervenes, she will continue to suffer “irreparable financial prejudice and unlawful deprivation of earned income.” 

The petitioner is also seeking restitution of all deducted sums with interest, a permanent injunction against further deductions, and general damages for alleged violation of her constitutional rights. 

Additionally, she wants the TSC compelled to produce all documents, authorisations, and payroll instructions used to effect the deductions.