Leadership Crisis Erupts in Kuppet Over Retirement Age Amendments.
Key Issues at Hand
- Legality of Members of Parliament serving as full-time union officials.
- Amendment allowing officials holding parliamentary or public office to serve as full-time union officials.
The Kenya Union of Post-Primary Education Teachers (Kuppet) faces a severe leadership crisis. Five branch officials have taken legal action to challenge alleged unconstitutional changes that raised the retirement age for top officials from 60 to 65 years.
The contested amendments also demand that branch officials aspiring for national office must resign from their positions at least 31 days before the national poll. Moreover, these changes permit officials holding parliamentary seats and other public offices to serve as full-time union officials.
The union is under scrutiny for its failure to enact the two-third gender rule and integrate teachers with disabilities into leadership roles. William Lengoyiap, Mathew Pkorir Merimuk, Peter Omondi Oluoch, Faith Jebichi Kebut, and Charles Kiprotich Ngeno filed the petition before Justice Mathews Nderi Nduma of the Employment and Labour Relations Court.
The Petitioners include:
- William Lengoyiap: Branch Executive Secretary, Samburu.
- Peter Omondi Oluoch: Branch Executive Secretary, Tana River.
- Charles Kiprotich Ngeno: Branch Executive Secretary, Narok.
- Mathew Pkorir Merimuk: Assistant Executive Secretary, West Pokot.
- Faith Jebichi Kebut: Assistant Treasurer, Baringo Branch.
Two-Third Gender Rule Noncompliance
This leadership crisis puts the top union leadership at odds with officials and members across the 47 branches nationwide. The Secretary-General Akello Misori, Treasurer Mwethi Njenga, and Organizing Secretary Paul Maingi, who have reached retirement age, are beneficiaries of the constitutional changes. National Chairman Omboko Milemba and Woman Representative Catherine Wambilyanga, Emuhaya MP, and Busia Woman Representative, respectively, also benefit.
Court documents highlight the union’s noncompliance with the two-third gender rule and other anti-discrimination provisions. The petitioners argue this neglect denies members their constitutional rights under the 2010 Constitution of Kenya.
Legal Challenges Against MPs Serving as Union Officials
The officials challenge the legality of MPs working full-time as union officials while drawing salaries as public officers, citing a violation of Article 10(2)(c) and Article 75 of the 2010 Constitution and Section 26 of the Leadership and Integrity Act.
The case of Omboko Milemba, who serves as both union chairman and Emuhaya MP, exemplifies this conflict. Similarly, Catherine Wambilianga’s dual role as Bungoma Woman Representative raises questions about their objectivity and effectiveness in union affairs.
Kuppet was registered in 1998, and its constitution governed its operations until amendments in 2010, ahead of the 2011 general election. These changes were officially registered in 2012. Petitioners allege that on November 20, 2017, some Kuppet officials unilaterally amended the 2012 constitution, infringing on members’ rights to vie for elective positions or participate in union activities.
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Contested Retirement Age
Petitioners argue that the retirement age for union officials should align with the Teachers Service Commission (TSC) and Public Service Commission (PSC) standards, which set the age at 60 years. They cite Section 33 of the Labour Relations Act, stating that only those employed in the sector can be voting members of a trade union. Hence, retirees should not hold voting rights within Kuppet.
The petitioners further argue that retirees or full-time parliamentarians handling union negotiations may not effectively represent active members’ interests.
Controversial Constitutional Amendments
The controversial amendments stipulate that National Executive Board members work full-time unless engaged as state officers, in which case they serve part-time. The amendments also set the mandatory retirement age for union officials at 65 years and require branch officials running for national positions to resign 31 days before elections.
The petitioners emphasize that Kuppet’s 2012 constitution outlines a clear amendment process involving public participation. Proposals must circulate among branches for discussion during Branch General Assemblies (BGAs). Resolutions from BGAs are forwarded to the Secretary-General and then to the National Governing Council for further consideration. Finally, the proposals go to the Annual Delegates Conference or Special Delegates Conference for voting.
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However, the petitioners claim that no branch or member proposed the contested amendments in the 2017 constitution. They argue the amendments were enacted without following due process, rendering them illegal and a violation of both the union’s constitution and the Constitution of Kenya, 2010.
Petitioners’ Plea
The petitioners argue that the union imposed the 2017 amendments without consultation, violating constitutional guidelines. They contend that members never proposed the amendments, which lacked proper public participation, and thus, should be null and void.
The petitioners and other union members have faced discrimination, salary stoppages, and exclusion from meetings for challenging these illegalities.
In conclusion, Kuppet’s leadership crisis reveals deeper issues of governance and representation within the union. The legal battle over constitutional amendments, retirement age, and the inclusion of gender and disability considerations will significantly impact Kuppet’s future operations and its members’ rights. The outcome of this case will determine whether the union adheres to its constitution and the broader Kenyan legal framework, ensuring fair representation and governance.
Stay tuned for updates on this developing story as the court proceedings continue to unfold.
Leadership Crisis Erupts in Kuppet Over Retirement Age Amendments.
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