Kuppet Defends Rejected Constitutional Changes.
The Kenya Union of Post Primary Teachers (Kuppet) has strongly backed its initiative to amend its constitution, describing it as a necessary and forward-thinking reform.
Despite opposition, Kuppet leadership asserts that the changes are designed to enhance inclusivity and fairness within the union.
The Registrar of Trade Unions declined to approve the proposed amendments, citing numerous objections raised by union members.
Acting Registrar Ann Kanake, in her decision dated January 8, highlighted both procedural and substantive issues, including the contravention of Article 13.0(a)(vii) of the Kuppet constitution, which contradicts Section 34(2)(a) of the Labour Relations Act.
Kanake directed the union to address these concerns before resubmitting the amendments for consideration. She emphasized that the objections raised were too significant to overlook and urged the union to engage in further consultation with stakeholders.
Push for Inclusivity and Representation
Kuppet National Treasurer Njenga Mwethi urged members to support the amendments, asserting that the changes would address critical gaps, including gender representation, regional inclusivity, and participation by persons with disabilities.
He pointed out that the current constitution, adopted in 2010, has not effectively addressed these issues.
Key Proposals in the Amendments:
- Gender Representation: Introducing deputy leadership roles and guaranteed positions for women.
- Disability Inclusion: Allocating seats for persons with disabilities.
- Regional Representation: Revising the delegate allocation formula to reflect membership size rather than county boundaries.
Current Representation Statistics
| Category | Current | Proposed |
|---|---|---|
| National Leadership (Women) | 1 out of 10 | Increased to reflect gender equity |
| Regional Delegate Allocation | Per county | Proportional to membership size |
Mwethi highlighted that under the current system, regions like North Eastern and Coast are underrepresented. The new proportional representation (Pro Rata) model ensures fairer allocation, drawing inspiration from unions like Knut, where all regions are represented.
Contentious Proposals
Several proposals sparked debate among members:
- Proportional Representation: Delegates would be allocated based on membership size rather than county. For instance, every 100 members in a county would elect one delegate.
- Nomination Fees:
- Branch Executive Secretary: Sh200,000
- Chairperson and Treasurer: Sh100,000
- Other Positions: Sh50,000
Mwethi defended the fees, stating they aim to ensure only serious candidates vie for elective posts, as Kuppet leadership has become increasingly competitive.
Opposition from Members
Petitions submitted to the Registrar outlined various grievances:
- Lack of Participation: Members claimed that notices of the proposed amendments were not circulated as required, violating the union’s constitution.
- Flawed Voting Process: Allegations arose that delegates were locked out, and voting was conducted by acclamation instead of a secret ballot.
- Discrimination and Centralization: Critics argued that the changes would weaken the National Delegates Council (NDC) and National Governing Council (NGC), reducing their ability to challenge national officials.
A protest letter described the amendments as a betrayal of Kuppet’s founding principles, urging the Registrar to reject them and demand genuine stakeholder consultation.
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Kuppet’s Rebuttal
Mwethi dismissed these allegations, noting that only 58 members—mostly from one region—objected to the amendments. He clarified that public participation was robust, with about 200 Junior Secondary (JS) teachers observing the process.
Mwethi also stated that the union had removed legally contentious provisions, such as extending term limits for officials from 60 to 65 years. Regarding the voting process, he confirmed that 94% of delegates approved the changes.
Kanake instructed Kuppet to address all objections raised and respond to the dissenting members before the amendments could be reconsidered. She reiterated that the Registrar is obligated to consider all issues presented during the review process.
As the union moves forward, Mwethi remains optimistic, emphasizing that the proposed changes align with Article 41 of the Constitution of Kenya, which guarantees members the right to participate in union activities.
Kuppet Defends Rejected Constitutional Changes.
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