Retirement Age Dispute Rocks KUPPET as Teachers Head to Court Over Resignation Requirement
The Kenya Union of Post-Primary Education Teachers (Kuppet) is facing a leadership crisis as five branch officials have moved to court to challenge the alleged illegal amendment of the union’s constitution.
This amendment changed the retirement age for top officials from 60 to 65 years and imposed new conditions for branch officials running for national office.
The contested amendments demand that branch officials aspiring for national positions resign at least 31 days before the national poll. It also allows officials holding parliamentary or other public offices to serve as full-time union officials.
The union has been criticized for not implementing the two-thirds gender rule and for failing to integrate teachers with disabilities into leadership positions. The petitioners argue this non-compliance denies members their rights under the Constitution of Kenya, 2010.
William Lengoyiap, Mathew Pkorir Merimuk, Peter Omondi Oluoch, Faith Jebichi Kebut, and Charles Kiprotich Ngeno filed a petition against Kuppet and the Registrar of Trade Unions in the Employment and Labour Relations Court. These officials hold various positions within the union’s branches across different counties.
Key Union Officials
Key beneficiaries of the constitutional changes include Secretary General Akello Misori, Treasurer Mwethi Njenga, Organising Secretary Paul Maingi, National Chairman Omboko Milemba, and Woman Representative Catherine Wambilyanga. These individuals have either reached the retirement age or hold dual roles in the union and government.
The petitioners challenge the legality of Members of Parliament serving full-time as union officials while also receiving public salaries. They cite the case of Mr. Omboko Milemba, who serves as both the union chairman and Emuhaya MP, as a conflict of interest and a violation of constitutional provisions.
Kuppet, registered in 1998, had its constitution amended ahead of the 2011 general election and registered in 2012. The petitioners claim that in November 2017, unilateral amendments were made to the 2012 constitution, infringing on members’ rights.
Retirement Age Dispute
The petitioners argue that the retirement age for union officials should align with that of the Teachers Service Commission (TSC) and the Public Service Commission (PSC), set at 60 years. They cite the Labour Relations Act, which stipulates that voting members of a trade union must be employed in the relevant sector, thus excluding retirees.
The petitioners state that allowing retirees and parliamentary position holders to negotiate on behalf of active members prejudices those still in TSC employment. They believe such officials may not fully represent the interests of active teachers.
Amendments and Resignation Requirement
The 2017 constitutional amendments introduced several changes, including a mandate for National Executive Board members to work full-time and the retirement age to be 65. Branch officials contesting national positions must resign 31 days prior to elections, a rule that could disadvantage current officeholders.
The petitioners emphasize that the union’s constitution requires public participation for amendments. Proposals should be circulated to all branches for discussion and resolution during Branch General Assemblies, then forwarded to the Secretary-General and National Governing Council before being subjected to voting at a Delegates Conference.
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The petitioners contend that the 2017 amendments were not proposed by any branch or member and failed to follow the required process, rendering them illegal. They argue that the amendments violate both the union’s and the Kenya Constitution, making the 2017 constitution void.
The petitioners report facing discrimination, salary stoppages, and exclusion from meetings for pointing out the union’s alleged illegalities. They assert that these actions further demonstrate the union’s disregard for due process and member rights.
Retirement Age Dispute Rocks KUPPET as Teachers Head to Court Over Resignation Requirement
