The Kenya Union of Post Primary Education Teachers (KUPPET) is currently fighting internal wrangles characterized by various lawsuits over some proposed changes to the Constitution. These among others, include the abolition of the retirement age, compelling officials at the branch level who are eyeing national office to resign, among other major amendments. All these wrangles point out the tug of war between the veteran leadership in the union with the emerging force and hungry young generation yearning and itching for takeover.
Legal Challenges and Proposals
The Employment and Labour Relations Court has not been spared numerous petitions and counter-petitions by KUPPET. Among those the court has put to task are National Chairman Omboko Milemba and Secretary General Akello Misori. Four teachers, Regina Kinoti, Willy Kipkoech Kemboi, Hillary Kibet Chepkwony, and Joseph Nzulai, want the retirement age for union officials removed, making branch officials resign before vying for national office.
Their proposals also include the determination of three out of ten elected branch officials as a quorum for a Special Delegates Conference. The proposals were to align KUPPET’s constitution with the Constitution of Kenya, 2010, and the Labour Relations Act of Kenya. However, their agreement with top KUPPET officials and the Registrar of the Trade Unions has taken longer because of a counter-petition into account .
Opposition and Counter-Petition
Five top officials in the branch, William Lengoyiap, Mathew Pkorir Merimuk, Peter Omondi Oluoch, Faith Jebichi Kebut, and Charles Kiprotich Ngeno, have, however, filed a counter-petition. They are opposed to the proposed changes to the constitution, especially the retirement age increase of 60 to 65 years and the requirement for all elective branch executive posts to be vacant before such officials.
They are also opposed to allowing officials holding parliamentary seats and other public offices to serve as full-time union officials, which move they argue is in contravention of Article 10(2)(c) and Article 75 of the Constitution 2010 and Section 26 of the Leadership and Integrity Act.
Key Issues in the Dispute
- Retirement Age: The petitioners have the opinion that 60 years should be the retirement age in conformity in accordance with the Teachers Service Commission, TSC, and the Public Service Commission, PSC
- Parliamentary and Public Office Holders: they argue that having full-time union positions while being parliamentary and the rest of the public office holders taints their integrity; hence, the credibility and efficiency of the union are low.
- Election of Union Officials: Other contentious issue remains to be the demand of resignation by branch officials for those seeking to get to national office, this turns off those with experience and ambitions of getting to the national office.
- Inclusion and Representation: The recommendations address issues of gender, regional balance and inclusion of the people with disabilities in the leadership of the union.
Historical Context and Constitutional Amendments
Established in 1998, KUPPET revised its constitution in 2010 before the 2011 general election and has since been registered in 2012. According to petitioners, the amendments that happened in 2017 were unilaterally made without due process, absolutely contravening the constitution of the union and the Constitution of Kenya, 2010.
They allege that the amendments were not members initiated and effectively, there was no public participation. The petitioners are thus seeking that the court grants a declaration that the 2017 constitution is null and void and effectuate the implementation of the 2012 constitution back.
Impact on Union Members
“The officials are likely to be retirees or the parliamentarians. Group members therefore, will likely suffer from discrimination even during the course of negotiations. The petitioners argue that this may jeopardize the union’s effectiveness and the rights of the active TSC employees.”.