KUPPET receives approval to amend its constitution, registrar says due process was followed

The Kenya Union of Post-Primary Education Teachers (KUPPET) has received official approval to amend its constitution.

The approval follows a review process by the Office of the Registrar of Trade Unions, which initially raised concerns about the proposed changes.

Earlier in January, Acting Registrar of Trade Unions Ann Kanake declined to approve the amendments, citing procedural and substantive objections from some union members. 

However, in a letter dated March 13, 2025, Kanake confirmed that her office had reviewed the objections and the union’s responses and was satisfied that due process had been followed. 

The amendments were subsequently approved and registered under Section 27 of the Labour Relations Act.

"It is certified that the foregoing alterations of the constitution of the Kenya Union of Post Primary Education Teachers has been registered pursuant to Section 27 of the Labour Relations Act," reads the certificate of alteration issued to the union.

One of the key issues raised during the review was the alleged lack of public participation in the amendment process. 

According to the registrar, KUPPET, however, provided evidence of notices sent to branch executive secretaries on March 17, 2023, informing them of the proposed changes. 

The union also submitted minutes from branch assemblies and regional caucuses in Machakos, Siaya, Kakamega, Kiambu, and Mombasa, demonstrating member engagement and approval of the amendments. 

After reviewing these documents, the Registrar’s office concluded that public participation requirements had been met.

Another contentious issue was the removal of the term "mandatory" from the retirement age clause for union officials.

While the 2017 constitution set the retirement age at 65 years, the revised version omits the word "mandatory." 

The Registrar ruled that this change was not material, as the clause still includes the binding term "shall."

The proposed increase in nomination fees for union elections was also objected.

Under the revised structure, nomination fees for national positions rose, with the Secretary-General, National Chairman, and National Treasurer required to pay Sh500,000, while other national positions were set at Sh300,000.

Branch-level fees were also increased, with the Executive Secretary required to pay Sh200,000 and other branch officials Sh50,000. 

KUPPET justified the increases by citing the high costs of conducting elections, including materials, venue hire, travel, and logistics. 

The Registrar found the fees reasonable, noting that they were agreed upon by members and would help ensure serious candidacy.

Changes to delegates' representation also sparked debate. 

Previously, each county branch sent 10 delegates to the Annual Delegates Conference (ADC). 

The amendments increase this to 14 delegates for branches with up to 300 members and introduce a pro-rata system, allowing one additional delegate for every 100 members beyond this threshold. 

While some members argued that the system could disadvantage smaller branches, KUPPET defended it as a democratic and equitable approach. 

The Registrar found the system fair and in line with trade union governance principles.

The Registrar also addressed concerns about the voting process on the draft constitution. 

Some members claimed that the vote was not conducted by secret ballot, as required by Article 24(d) of the union’s constitution. 

KUPPET confirmed that the vote had taken place and met the required two-thirds majority. 

The Registrar verified this by reviewing ballot papers and concluded that due process had been followed.

Additionally, the Registrar noted that a Gazette Notice was published on February 7, 2025, inviting public objections within 21 days. 

However, some objections were received as early as December 21, 2024, before the amendments were officially submitted. 

‘’This smelt of an orchestrated scheme that might have been prying on innocent teachers and manipulated them into forwarding the emails, ignorant of the contents of the amendments that they were objecting to," she stressed.

She emphasised that union constitutions are governed by members' discretion, as protected under Section 8 of the Labour Relations Act.

"In view of the above, this office has extensively considered all the objections raised toward the amendment of the KUPPET Constitution and has determined that the union's Constitution was amended legally and procedurally. As a result, we will proceed to register the said amendments," Kanake stated.