Court Blocks KUPPET Officials’ Tenure Extension, Shaking Up Union Politics.
A longstanding dispute within the Kenya Union of Post Primary Education Teachers (Kuppet) has resurfaced after a fresh legal challenge halted the implementation of controversial constitutional amendments.
Barely two weeks after the matter appeared to be settled, the Employment and Labour Relations Court (ELRC) issued an injunction suspending the amendments just days after their registration by Acting Registrar of Trade Unions, Ann Kanake.
The court order was secured by Anthony Kinyua, a union member and teacher, who argued that the amendments were unconstitutional, illegally adopted, and procedurally flawed. He claimed the process lacked transparency, public participation, and fairness.
As part of his petition, he requested a court directive compelling Kuppet’s secretary-general to initiate a fresh, transparent, and inclusive amendment process in compliance with the union’s constitution, the Labour Relations Act, and the Constitution of Kenya.
Kinyua further sought a declaration that the Registrar acted unfairly and violated Article 47 of the Constitution by approving the amendments despite significant objections. Kanake had issued a certificate of registration for the amended constitution on March 13, 2025, initially believed to have resolved the two-year standoff between union officials and members across Kenya’s 47 counties. However, the legal challenge has reignited tensions.
Leadership Changes and Increased Fees
One of the most contentious amendments includes raising the retirement age for top officials to 65 years. Additionally, nomination fees for candidates seeking union positions have been significantly increased. Under the new provisions, candidates for national positions must now pay between Sh300,000 and Sh500,000, while those contesting branch-level positions will be charged between Sh100,000 and Sh200,000.
The revised constitution also mandates that branch officials resign at least 31 days before vying for national leadership positions, a requirement critics argue places undue restrictions on those attempting to rise through the ranks. The amendments stem from a controversial Kuppet Annual Delegates Conference (ADC) held at Sosa Resort in Vihiga County on December 20, 2024, where they were approved amid allegations of procedural irregularities.
Kinyua alleged that the amendment process was marred by voting manipulation, intimidation of delegates, and excessive nomination fees that disadvantaged ordinary members.
He contended that the high nomination fees violated Articles 27, 41, and 47 of the Constitution of Kenya by creating financial barriers favoring wealthy candidates and incumbents. He requested the court to quash the certificate of registration issued by the Registrar of Trade Unions, revoke the amended Kuppet constitution, and prevent union officials from implementing the changes.
Additionally, he urged the court to direct a revision of the nomination fees to ensure fairness and accessibility for all members, arguing that the exorbitant fees unfairly benefited the wealthy and incumbents. He insisted that the court should order the union’s secretary-general to revise the nomination fees to ensure they are reasonable, fair, and not a barrier to participation by ordinary members.
Breakdown of New Fees and Positions
The revised nomination fees require candidates for key national positions such as Secretary-General, National Chairman, and National Treasurer to pay Sh500,000. Other national positions, including Deputy Secretary-General, National Vice Chairman, and National Organizing Secretary, attract a fee of Sh300,000.
At the branch level, the executive secretary must now pay Sh200,000, while other branch positions such as chairman, vice chairman, and assistant secretary require Sh100,000.
The amendments also introduced new leadership roles, including nine trustee positions, with eight to be elected at the Delegates Conference and one permanently occupied by the founder Secretary-General unless deemed ineligible.
Five additional national positions, including three Assistant National Gender Secretary roles and an Assistant National Secretary for Junior Secondary, were also created. Branch-level changes include the introduction of First, Second, and Third Assistant Gender Secretaries, along with an Assistant Secretary for Junior Secondary.
Kinyua maintained that union members were denied a fair opportunity to provide input on the proposed amendments. He accused the union’s leadership of failing to issue proper notices as required under Article 25(iv) of the Kuppet constitution.
He further asserted that the amendments were adopted by acclamation instead of a secret ballot, violating Article 25(v) of the Kuppet constitution and Section 34(2) of the Labour Relations Act, which mandates a transparent and democratic voting process.
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Court’s Warning and Next Steps
Following the registration of the amendments, Acting Secretary-General Moses Nthurima had informed members in a letter dated March 14, 2025, that the changes would take effect from January 1, 2026.
However, Justice Onesmus Makau of the ELRC in Nyeri has issued a stay order halting their implementation until the case is heard and determined. He warned that non-compliance with the court’s order would result in penal consequences. The case is scheduled for mention on April 4, 2025.
Court Blocks KUPPET Officials’ Tenure Extension, Shaking Up Union Politics.
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