Leadership Struggles in KUPPET: The Battle Between the Old Guard and the Youth.
The Kenya Union of Post Primary Education Teachers (KUPPET) is currently embroiled in numerous legal battles. These conflicts center around attempts to amend its Constitution, abolish the retirement age, and enforce the resignation of branch officials aiming for national office.
KUPPET’s leadership, led by National Chairman Omboko Milemba and Secretary-General Akello Misori, faces significant scrutiny. The union is divided, with veteran leaders accused of clinging to power, while younger members demand their turn to lead. This internal conflict led four teachers Regina Kinoti, Willy Kipkoech Kemboi, Hillary Kibet Chepkwony, and Joseph Nzulai to seek legal intervention to remove the retirement age limit for union officials.
These teachers proposed that branch officials aspiring to national positions should resign from their current roles before running for top seats. They also sought to recognize three out of ten elected officials per branch as a quorum for a Special Delegates Conference. This move aimed to align KUPPET’s Constitution with Kenya’s 2010 Constitution and the Labour Relations Act.
Proposed Changes and Legal Challenges
The proposed amendments, if approved, would allow union officials to serve indefinitely. Additionally, Members of Parliament (MPs) could retain union positions part-time. The amendments also advocated for the two-thirds gender rule, regional balance, and the inclusion of persons with disabilities in the union’s leadership.
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However, five branch officials from various counties William Lengoyiap, Mathew Pkorir Merimuk, Peter Omondi Oluoch, Faith Jebichi Kebut, and Charles Kiprotich Ngeno opposed these changes. They filed a petition challenging the legality of increasing the retirement age from 60 to 65 years and the requirement for branch officials to resign before running for national office.
The petitioners also contested the legality of MPs serving as full-time union officials while drawing salaries as public officers. This practice violates Kenya’s Constitution and the Leadership and Integrity Act. For instance, Omboko Milemba, serving as both the union chairman and Emuhaya MP, and Catherine Wambilyanga, the Bungoma Woman Representative, are seen as potential conflicts of interest.
Arguments Against Constitutional Amendments
The petitioners argue that the retirement age should remain at 60, in line with the Teachers Service Commission (TSC) and the Public Service Commission (PSC). They contend that allowing retirees to hold office infringes on the labor rights of active members. According to the Labour Relations Act, only employed individuals can vote in union matters. Therefore, retirees should not have voting rights within the union.
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The petitioners expressed concern that union members might suffer during negotiations led by retirees or MPs. The changes introduced in the disputed amendments include allowing National Executive Board (NEB) members to work full-time and extending the mandatory retirement age to 65 years.
History and Legality of Amendments
KUPPET, registered in 1998, has seen its Constitution amended only a few times. The most significant changes occurred in 2010, ahead of the 2011 general election, and were registered in 2012. However, in 2017, some officials allegedly amended the 2012 Constitution without following due process, infringing on members’ rights and freedoms.
According to the 2012 Constitution, any amendments require public participation, with proposals circulated in all branches for discussion. Resolutions from these discussions would then be forwarded to the National Governing Council and subsequently to the Annual Delegates Conference for voting. The petitioners argue that the 2017 amendments did not follow this process and are therefore illegal.
The petitioners state that the 2017 amendments, introduced unilaterally by some KUPPET officials, violate both the union’s and Kenya’s Constitution. They demand that the 2017 Constitution be declared void and of no legal effect. Furthermore, they claim that some union members have faced discrimination and denial of benefits for opposing these illegal amendments.
In conclusion, the leadership struggle within KUPPET reflects a broader battle between preserving the old guard and embracing youthful leadership. As the court cases continue, the outcome will significantly impact the future direction of the union and its ability to represent its members effectively.
Leadership Struggles in KUPPET: The Battle Between the Old Guard and the Youth.
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