Court blocks KUPPET’s bid to scrap leadership term limits
In his petition, Kinyua cited procedural irregularities, lack of public participation, voting manipulations, intimidation of delegates, and the imposition of high nomination fees as major concerns.
A court has halted efforts by the leadership of the Kenya Union of Post-Primary Education (KUPPET) to amend its constitution, blocking a move that could have allowed officials to serve indefinitely.
The Employment and Labour Relations Court issued orders stopping the proposed changes, which critics argued would eliminate the mandatory retirement age of 65, potentially granting officials lifetime tenure.
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The decision overturns an earlier approval granted to KUPPET leaders by the Registrar of Trade Unions. In a letter dated March 13, Registrar Anne Kanake had confirmed that the amendments had followed due process. However, on Wednesday, Justice Onesmus Makau, sitting in Nyeri, issued conservatory orders suspending the changes until a case challenging the amendments is fully heard and determined.
The case was filed by Anthony Ndegwa Kinyua, a teacher from Nyeri, who contended that the proposed amendments were undemocratic and disenfranchised union members. Justice Makau certified the matter as urgent and scheduled it to be mentioned on April 4 before the Principal Judge, as he is set to proceed on leave until May 5.
“That conservatory orders be and hereby granted in terms of prayer two of the motion,” Justice Makau ruled.
Kinyua moved to court after the Registrar of Trade Unions ratified the amendments during KUPPET’s annual general meeting in Vihiga on December 20. He argued that the proposed changes violated fair labour practices by denying members leadership opportunities and limiting their participation in union governance.
In his petition, Kinyua cited procedural irregularities, lack of public participation, voting manipulations, intimidation of delegates, and the imposition of high nomination fees as major concerns. He stated that these irregularities compromised the democratic governance of the union and breached constitutional principles.
Additionally, Kinyua claimed that KUPPET’s National Executive Committee (NEC) did not provide proper notice to members, as required under Article 25(iv) of the union’s constitution.
He further argued that the amendments were passed by acclamation rather than through a secret ballot, contradicting Article 25(v) of the KUPPET Constitution and Section 34(2) of the Labour Relations Act, which mandates a transparent and democratic voting process.
The case now awaits further deliberation in court, where the legitimacy of the amendments and the procedural concerns raised will be examined before a final ruling is made.
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