Trade Unions Registrar Rejects UASU Constitution Changes.
The acting registrar of trade unions, Anne Kanake, has rejected the proposed changes to the Universities’ Academic Staff Union (UASU) Constitution. Her decision highlights concerns over procedural irregularities and insufficient documentation.
In a letter dated December 20, 2024, Kanake addressed the National Secretary General of UASU, stating that the registration of the proposed constitutional amendments could not proceed.
She required UASU to address objections raised by members and provide a detailed schedule comparing the amendments with the previous constitution.
Kanake noted that the union failed to furnish the registrar’s office with the required schedule of changes.
Additionally, she pointed out discrepancies in the amendment process, citing that the alterations were ratified through acclamation instead of a secret ballot as mandated by Article 37 of the union’s constitution.
Members’ Objections
In an earlier letter dated December 11, 2024, members of UASU from various universities raised objections to the proposed amendments. They criticized the lack of proper public participation, which they argued was a critical requirement for constitutional changes. The members emphasized that this omission undermined inclusivity and transparency, both of which are essential for decision-making within the union.
Key objections included:
- Lack of Public Participation: No consultation or public involvement occurred before drafting and tabling the amendments.
- Violation of UASU Constitution: The unilateral adoption of the amendments by the National Secretary General contravened Section 23 of the 2014 UASU Constitution, which mandates approval through a legitimate process by the National Delegates’ Conference (NDC).
Related Developments in KUPPET
The acting registrar also recently declined to approve proposed amendments to the Kenya Union of Post-Primary Education Teachers (KUPPET) Constitution.
In a letter dated January 8, 2025, Kanake referenced Article 13.0(a)(vii) of the KUPPET Constitution, noting that it conflicted with Section 34(2)(a) of the Labour Relations Act. She acknowledged the application but highlighted procedural and substantive issues.
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The proposed UASU amendments aim to expand elective positions from 10 to 16, enabling representation from marginalized regions such as Coast, North Eastern, and Nairobi.
Proponents are also advocating for the adoption of proportional representation in delegate appointments and the removal of the age limit for national office holders. However, these far-reaching proposals have drawn significant opposition from union members.
Conclusion
The rejection of UASU’s constitutional amendments underscores the importance of adhering to proper procedures and promoting transparency.
The acting registrar’s decisions in both UASU and KUPPET cases reflect a commitment to upholding the principles of fair governance within unions.
Moving forward, UASU must address members’ objections and comply with constitutional requirements to advance its reform agenda.
Trade Unions Registrar Rejects UASU Constitution Changes.
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