Five Kenya Union of Post-Primary Education Teachers (KUPPET) officials have thrice, in different courts, lost their bid to force the Ethics and Anti-Corruption Commission (EACC) to probe the Teachers Service Commission (TSC) over an alleged Sh200 deduction for social welfare.

In what Employment and Labour Relations Court (ELRC) Justice James Rika termed a classical case of abuse of court, Paul Kipchumba, William Lengoiyap, Robert Miano, Peter Oluoch and Jentrix Ogola filed separate cases in Malindi, then moved to Meru Court after losing, and subsequently filed a third case before Justice Rika.

“The petitioners are fleet-footed in their abuse of the court process, moving from court to court, county to county, seeking judicial interventions on the same or related subject matter.

Multiple claims by the same persons, against the same or similar adversaries, and on the same or similar subjects, are a fertile seedbed for the breakdown of the rule of law.

They are a harbinger of legal disorder and the collapse of fair administration of justice,” said Justice Rika while dismissing their third case.

According to him, the five were engaging in trade union activities, albeit illegally, under the guise of constitutionalism.

He said they ought to have first sought the help of KUPPET before shuttling from one court to another.

The Judge observed that they could be having internal issues with the giant union. “The petitioners seem to have grievances with their trade union, which ought to be addressed internally, instead of dragging other innocent parties to court,” he said.

In the case, Kipchumba, Lengoiyap, Miano, Oluoch and Ogola sued TSC, EACC, the Kenya National Union of Teachers (KNUT), KUPPET and the TSC chief executive.

They claimed that in early 2019, TSC started deducting Sh200 monthly from every female teacher’s salary. According to them, teachers were not informed why the deductions were made or to whom they were paid.

They also claimed that the deductions were indicated as “SWA” in the teachers’ payslips.

The group further claimed that female teachers began to complain to KNUT and KUPPET branch officials, who then passed the grievances to the national offices.

However, they alleged that TSC introduced an ‘exit’ button for KNUT and KUPPET members to leave the unions as a condition for salary increments after the issue was raised.

They accused KNUT and KUPPET of failing to safeguard the interests of their members.

While opposing the case, TSC said it has a system where it pays over 45,000 teachers.

It argued that the platform is designed in such a way that a member can start or stop a deduction, and that the process is self-executing.

According to TSC, its employees, through KNUT and KUPPET, requested deductions for the Social Welfare Association (SWA).