Registrar rejects proposed changes to UASU Constitution

Uasu members during a past protest/FILE

The acting registrar of Trade unions, Anne Kanake, has declined the proposed changes to be made seeking the registration of a new Constitution for Universities’ Academic Staff Union (UASU).

In a letter dated December 20, 2024, the acting registrar addressed the National Secretary General of Universities’ Academic Staff Union (UASU) regarding the proposed changes in the union’s Constitution.

“Consequently, we are not able to proceed with the registration of the proposed changes as is. This office hereby requires that you respond to each of the objections as raised by the said objectors and furnish us with a schedule of all the amendments done on the constitution against the old constitution,” Kanake said.

She said the union has not provided the office of the registrar with a schedule of the changes made to the Constitution.

“We note that from the minutes of the alleged National Delegates’ Conference (NDC) you provided us with, particularly item No. 2, the amendment was done by ratification/acclamation as opposed to a secret ballot as required under Article 37 of the Union’s Constitution,” the acting registrar said.

In another letter dated December 11, 2024, as seen by the Star, addressed to the Registrar of Trade Unions, some lecturers from different universities in the country who are members of UASU objected the proposed changes in the Union’s Constitution for the reasons enumerated below.

They said the objection was on the grounds that proper, procedural and effective public participation—a critical requirement in the constitution-making process—was not conducted prior to the drafting and tabling of the document.

“This omission undermines both the principles of inclusivity and transparency, which are fundamental to the decision-making process within the union,” the letter reads.

The letter underlined the unilaterally adoption of the Constitution by the UASU National Secretary -General, and contravening Section 23 of the UASU Constitution2014 on Amendments and Alterations to the Constitution.

“It is imperative to note that this section mandates the NDC to approve and ratify constitutional amendments through a legitimate process,” the letter reads.

This comes at a time when the acting Registrar also declined to approve the proposed amendments to the KUPPET Constitution by citing numerous objections raised by members on both procedural and substantive grounds.

In a letter dated January 8, Kanake particularly cited Article 13.0(a) (vii) of the constitution, which she said is against Section 34(2)(a) of the Labour Relations Act.

"As much as the Registrar acknowledges the presented application for amendment of the Union's Constitution, it is trite for Registrar to also consider other attendant issues," the letter reads.

At the heart of the push is the proposal to expand elective positions from 10 to 16, aimed at allowing officials from marginalised regions such as Coast, North Eastern, and Nairobi to secure national leadership roles.

Those behind it are pushing for the adoption of the Proportional Representation (Pro Rata) in the appointment of union delegates. The far-reaching changes also seek to remove the age limit for national office holders.