Two teachers sue KUPPET treasurer, alleging he is not a registered teacher

Two teachers have moved to court challenging the appointment of the National Treasurer of the Kenya Union of Post Primary Education Teachers (KUPPET), alleging that he is not a qualified teacher.

William Lengoiyap and Yvonne Musyoka claim that Wicks Njenga Mwethi, who currently serves as KUPPET’s Treasurer, is an imposter within the Teachers Service Commission (TSC) as his name does not appear on its register.

Musyoka states that she was one of Njenga’s proposers during the 2021 KUPPET virtual elections, and among the documents provided to her by Njenga at the time was his national identity card.

The claimants argue that to qualify to contest in KUPPET elections, a candidate must be a registered teacher.

They further contend that Section 2(1) of the TSC Act defines a teacher as someone who has been trained as a teacher, as provided for in law, and is registered as such.

The teachers assert that Njenga’s name is absent from the TSC register, and they believe he was previously interdicted by the TSC, meaning he is not licensed or authorised to teach in Kenya.

“The first respondent, having been interdicted by the fourth respondent, does not qualify under the requirements set out in the third respondent’s Constitution of 2017 Article 7.0(a)(i) regarding good conduct, reputation, and authorisation to teach, and therefore should not have been cleared to contest in the third respondent’s elections,” they claim.

They allege that Njenga is not a registered teacher and has been unlawfully impersonating one since 2006.

“The first respondent has been serving illegally as the National Treasurer from 2006 to date, which constitutes a continuing illegality,” court papers state.

The claimants also accuse KUPPET’s Secretary-General of conspiring with Njenga to improperly clear him to run in the national elections, despite knowing he is not a teacher.

They argue that the TSC signed a Recognition Agreement with KUPPET to second teachers elected as national officials and executive secretaries to serve the union on a full-time basis.

Additionally, the claimants allege that Njenga owns a financial institution named Fast Growth Credit Limited, through which he allegedly issues loans to the union at an exorbitant annual interest rate of 36 per cent, compared to prevailing bank rates of 14–35 per cent, and pays himself through this firm in an opaque manner.

They also accuse him of misusing union staff by engaging them to find customers for his private financial institution.

The claimants aver that these actions, including the issuing of loans and misuse of staff, are facilitated by the cooperation of the Secretary-General.

They further allege that the TSC has refused to grant them access to relevant information held in its custody, despite being bound by the right of access to information, which can only be limited through a legally valid justification.

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• Two teachers sue KUPPET treasurer
• alleging he is not a registered teacher

They are seeking several declarations from the court, including: that Njenga has been impersonating a teacher and does not meet the requirements of KUPPET’s Constitution of 2017 Article 7.0(a)(i), read together with the Teachers Service Commission Act Section 2(1), that Njenga’s elections in 2006, 2011, 2016, and 2021 were contrary to the KUPPET Constitution and therefore unlawful and that Njenga’s position as National Treasurer is null and void.

They further seek a declaration that Njenga is serving illegally as KUPPET’s National Treasurer, and that there is a conflict of interest in his financial institution loaning money to the union, using union staff in private business, and charging high interest rates.