Attempts by the Kenya Union of Post-Primary Teachers (KUPPET) leaders to amend the union’s constitution to extend their tenure in office hit a snag after the Registrar of Trade Unions declined to approve the proposed changes.

KUPPET’s top leadership led by Secretary General Akello Misori and Chairman Omboko Milemba had sought to remove the age limit for national office holders. 

The current constitution sets the retirement age of all national officials at 60 years, which the team had wanted to remove to allow them to remain in office as a number of them are beyond the age.

Also rejected by the registrar is the proposal to expand elective positions from 10 to 16, aimed at allowing officials from marginalised regions such as Coast, North Eastern and Nairobi to secure national leadership roles.

The team had also proposed to have union officials elected as Members of Parliament (MPs) and Members of County Assemblies (MCAs) to retain their positions in the union. Members have been agitating that those elected to Parliament or county Assembly relinquish their positions in the union.

Those behind it are pushing for the adoption of the Proportional Representation (pro rata) in the appointment of union delegates.

Cited objections

But in a letter dated February 6 acting Registrar Ann Kanake cited numerous  objections raised by members on both procedural and substantive grounds and given members who are against the amendments 21 days to submit their objections to her office.

“Any member who has any objection to the proposed amendments/changes to the constitution of the union is required to submit in writing any such objection within twenty one days (21) from the date hereof. The amendments are open for scrutiny at the office of the undersigned during working hours,” she directed.

Reacting to the latest development, KUPPET national assistant treasurer Ronald Tonui welcomed the move, though with some reservations about the Registrar of Trade Unions and the union’s National Elections Board (NEB) .

Tonui said the Registrar had rejected the proposed amendments on grounds that they were  adopted through acclamation contrary to the provisions of Kuppet constitution 25.0(e) , which allows amendment by casting of votes.

“That the National Chairman brought the union into disrepute by not following the provisions of the Union constitution in determining that two-thirds was achieved for every amendment through casting of votes,” he said.

He further observed : “The Registrar and NEB  gave themselves non existent powers as  the latter cannot amend the revised adopted amendments without reference to members, national governing council and annual delegates conference as per KUPPET constitution.”

Tonui accused Milemba of having signed amendments to the union constitution on  November 20, 2017  to allow state officers to serve on part-time basis for personal interest as a MP Emuhaya constituency.

 Tonui who has been a thorn in the flesh of KUPPET top leadership, faulted the manner in which the Registrar of Trade Unions handled the matter, claiming that she attempted to give the Misori team an avenue to amend some of the sections that had already been rejected by members.

Tonui says it was wrong for Ms Kanake to have jumped the ship by writing to the union officials directing them to amend the sections objected to by the members before gazetting the proposals. “The registrar messed up the procedure by rejecting the document and later gazetting. The law only allows her to gazette first and then rejected later…. What the registrar is doing is unprocedural.”

The union’s national assistant treasurer also says the 14 days period within which the union was supposed to have forwarded the proposals to the Registrar after the Annual Delegates Convention, gazettment and submission of objections by members lapsed January 2, 2025 and thus everything being done is outside the law. “The 14 days labour relations act requirement not met…. registrar rejected their application on January 9, 2025  meaning by the time they refiled it was at least 14+9=23. Time barred legally and the registrar errored in gazetting,” Tonui sad.

Tonui also questioned the rationale behind the push for amendment of the constitution at a time the union is gearing up for elections early next year. He says that according to the regulations, the Registrar of Trade Unions is expected to issue a notice by August  to all trade unions to hold elections.