The Teachers Service Commission has explained why tutors were deducted the Housing Levy from their January salaries despite the High Court declaring it illegal.
TSC boss Nancy Macharia defended the Commission’s move to deduct the levy saying the court declaration came after the payroll had been processed.
“We start processing our payroll from the 20th of each month and by the 22nd teachers usually have their salaries in their accounts,” Macharia said.
“The judgement came out on the 26th yet we had started processing the payroll from the 20th.”
She spoke on Friday in Nairobi during a sensitisation workshop for education reporters.
Macharia, however, could not comment on whether the tutors will be deducted the Housing Levy from their February salaries.
This comes after the Kenya Union of Post-Primary Education Teachers union said it will take legal action against the Commission for deducting the Housing levy in January payslips.
Kuppet Secretary General Akelo Misori on January 31 said the union will take all measures to protect teachers’ earnings and benefits.
“This includes instituting contempt proceedings against TSC in their capacity over this matter of the Housing Levy tax,” he said.
Missori said they had seen the payslips of several teachers indicating the levy was deducted.
“Many members from around the country have shared their payslips with us and they all indicate the Commission deducted the Housing levy tax from the January 2024 salaries,” Misori said.
“This is despite there being clear orders by the High Court and Court of Appeal declaring the Housing Levy illegal and unconstitutional.”
Misori demanded for a refund of the housing levy deducted from teachers’ January pay.
Kuppet said TSC cannot give an excuse by saying the deductions happened because they had already prepared the payroll.
“We have seen in this country teachers being paid even on the 17th of the following month where there were small issues with the payroll. Now a big issue where the Court of Appeal has given an order calls for a recall for any payroll which has gone to the bank,” Misori said.
Misori said the court ruling came at a good time to allow TSC to make appropriate changes to the payroll.
Kuppet sought the immediate release of the Housing deductions.
