Trade unions registrar rejects Kuppet’s proposal to have its officials retire at 65
The decision by the registrar also follows objections from union members on both procedural and substantive grounds.
The Registrar of Trade Unions has rejected a proposal by the Kenya Union of Post-Primary Education Teachers (Kuppet) to raise the retirement age for union officials from 60 to 65 years.
The proposal was part of a broader set of amendments that Kuppet sought to make to its constitution.
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The decision by the registrar also follows objections from union members on both procedural and substantive grounds.
In a letter dated January 8, Acting Registrar Ann Kanake specifically cited Article 13.0(a)(vii) of Kuppet’s constitution, stating that it conflicted with Section 34(2)(a) of the Labour Relations Act.
Kanake noted that while the registrar acknowledged the application to amend the union’s constitution, consideration had to be given to other issues raised by the members.
“As much as the registrar acknowledges the presented application for amendment of the union’s constitution, it is trite for the registrar to also consider other attendant issues,” reads the letter.
Kanake added that the objections raised by union members were numerous and could not be ignored.
She instructed the proponents of the amendments to address these concerns and submit a response to facilitate further consideration.
Kuppet also sought to expand the number of elective positions within its union from 10 to 16. The amendment aims to give officials from underrepresented regions such as Coast, North Eastern, and Nairobi a chance to occupy national leadership roles.
There is also a proposal to implement proportional representation (pro rata) to select union delegates.
Kuppet’s constitution was originally enacted in 2010 when the union had approximately 20,000 members. It now boasts a membership of over 120,000.
The proposed amendments also seek to remove the age limit for national office holders.
The union’s Assistant National Treasurer Ronald Tonui applauded union members and officials for their commitment to upholding Kuppet’s integrity. He stated that the rejection of the proposed amendments serves as a reminder that impunity and undemocratic practices would not be tolerated within the union, especially among highly educated professionals.
“The proposed changes were not subjected to the required member consultations as mandated by both the union and national constitutions, which is a critical flaw,” Tonui said.
“Efforts to amend the union’s constitution through questionable means will not be accepted.”
He urged the proponents of the amendments to adopt a more inclusive and democratic approach moving forward.
This, he suggested, should involve engaging members, holding discussions in branch general assemblies, and passing the amendments through the proper channels before presenting them at the annual delegates conference.
