The Kenya Union of Post Primary Teachers (Kuppet) has strongly defended its proposal to amend their constitution, calling it a progressive step.
Registrar of Trade Unions declined to approve the proposed changes, citing numerous objections raised by members.
However, Kuppet national treasurer Njenga Mwethi urged members to support the proposed changes saying they aim to address critical issues including gender representation and inclusion of persons with disabilities among others.
The two groups, he said, have been overlooked in the current constitution.
Mwethi pointed out that the existing constitution adopted in 2010 does not adequately address the gender rule, citing the limited representation of women in the union’s national leadership.
“Out of 10 national officials, only one is a woman. That is why we are introducing such positions as that of the deputy and ensuring seats for persons with disabilities,” he said.
Mwethi further emphasised that the amendments will tackle disparities in regional representation.
Under the current system, he said, delegates are allocated per county without considering membership size, leading to underrepresentation of regions like North Eastern and Coast.
"In our proposed changes, we have ensured that all regions are properly represented,” Mwethi explained.
He compared it to the approach seen in other unions like Knut where he pointed out that all regions are represented.
The proposed changes also includes representation for Junior school (JS) teachers and youth, further expanding the union’s inclusivity.
In declining to approve the proposed changes, acting Registrar of Trade Unions, Ann Kanake, relied on petitions by some members.
In letters addressed to her, the members voiced concerns over the move citing lack of involvement in the process.
According to the letters seen by the Star, notices of motion to amend the current Kuppet constitution must be circulated to all the branches at least three months to the Delegates' Conference.
“No such notices were circulated in my branch,” a letter from one of the petitioners reads in part.
Mwethi, however, confirmed that Kuppet had removed provisions that were flagged as legally problematic, including the extension of the term limit for national officials from 60 to 65 years.
He also dismissed the allegations by the petitioners, stating that there was sufficient public participation noting that only a small group of 58 members—majority of whom are from one region—opposed the changes.
"They are only 58 and out of this 34 are from one region. In fact our analysis on the register shows that 500 complaints were received but the true position is that one person has complained about 20 times," he said.
One of the most contentious proposals is the introduction of Proportional Representation (Pro Rata) for union delegates.
This is where the delegates reflect the membership and not a county.
Mwethi explained that this system would give each county a fairer representation based on its actual membership, as opposed to the current system that gives disproportionate influence to larger regions.
"When we say each county to give us 10 delegates, a region like Rift Valley with 14 counties starts with 140 and this gives it an advantage to influence major decisions," he said.
Article 41 of our constitution, he said, has been amended such that every member has a right to participate in the activities of the union by coming up with a new formula.
"We have said in every 100 members in a county, one delegate would represent them unlike the previous system where in every 300 members they give us 14. We are giving back power to the owners. Kiambu for instance with 6,000 will come with 60 delegates who are elected and nominated."
The dissenting members had also alleged that the amendments were adopted by acclamation, contrary to the union’s constitution and that the delegates did not vote on each amendment through secret ballot to determine two-thirds of total votes cast.
“Some of the delegates were locked out of the venue in order for them not to participate in the amendment process by hired goons and captured in videos available,” one of the members claimed in their protest letter.
The members also argued that the adopted amendments are discriminatory against members in favour of the officials contrary to Labour Relations Act 34(2)(a).
The amendments, they added, weaken the National Delegates Council (NDC) and National Governing Council (NGC), rendering them powerless to challenge national officials.
“These changes are a betrayal of Kuppet's founding principles and a disservice to the teaching fraternity. I urge your office not to admit these amendments and to demand a review process that involves genuine consultation with all stakeholders,” one of the members told the Registrar.
Mwethi, however, dismissed the claims noting they had observers including about 200 JS teachers.
"When voting started, they were told to leave...only delegates voted where about 94 per cent voted for the amendments," he said in an interview.
On introduction of Sh200, 000 nomination fee, which members argue is high and unaffordable, the official said this is part of a move to limit the number of officials seeking the elective seats.
"Every organisation or a political party has its own rules to manage nomination process. If we put the nomination fee lower than that, it is going to be chaotic, we are going to have jokers" he said adding that Kuppet leadership has become very competitive.
The amount, he clarified, is for those contesting the branch executive secretary post who he said earn over Sh500, 000 a month.
Nomination fee for other positions - chairperson and treasurer - has been capped at Sh100,000 while other seats are Sh50,000.
In her letter dated January 8, addressed to union's national secretary general, Kanake cited both procedural and substantive grounds in declining to approve the constitutional changes.
She particularly cited Article 13.0(a) (vii) of the Kuppet 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," she said.
"The objections and issues so far raised are too numerous for the Registrar to ignore."
Kanake, however, instructed the proponents of the constitutional changes to address the objections raised by the dissenting members and respond accordingly to facilitate further consideration of the amendments.
