Petitioners claim the minutes of the outcome of the Annual Delegates Conference (ADC) held on December 20, 2024, at Sosa Resort in Vihiga County, had been doctored and forwarded to the office of the registrar.
Ms Anne Kanake, the acting Registrar of Trade Unions, wrote to Kuppet top guns on January 8, 2025, raising questions about how the constitutional amendments were effected with an avalanche of objections received by her office from the members.
Ms Kanake has asked the union’s officials, led by Secretary General Akello Misori, National Chairman Omboko Milemba and National Treasurer Mwethi Njenga, to respond to the petitions by a section of the members and officials who hold the position that the proposed changes were illegal.
The scrapping of the retirement age limit for the top union officials, raising of registration fees for candidates beyond the reach of ordinary teachers, demand for branch officials to resign their positions should they aspire for national office and the expansion of the National Executive Board (NEB) are among contested issues.
“(The ADC resolves) To buttress gender equity and equal opportunities without any form of discrimination on the basis of inter-alia; sex, race, tribe, age or religion” the constitutional amendments passed in the ADC reads, in what alters the retirement age for the officials.
It is claimed that the changes are hinged to the 2026 union general elections time, of which majority of the top officials would have far overshot the official retirement age of 60 years for teachers and public servants.
“This is clearly a case of the young blood in and the old guard out to use hook or crook to remain in office way beyond their retirement age. The honourable thing for them to do is to pave the way for a change of leadership in the union as provided for in the constitution,” Mr William Lengoiyap, the Executive Secretary for Samburu County, said.
Mr Lengoiyap said the petitioners had provided the registrar of trade unions with videographic evidence of voting by acclamation for the constitutional changes, by a section of the union officials instead of a secret ballot.
Claims also abound that non-teachers and non-union members were allowed to the voting hall and they took part in the ADC while legitimate national and branch officials were locked out by hired goons as police were reduced to bystanders.
“The draft constitutional amendments and alteration submitted to the General Secretary through a notice of motion dated March 13, 2023, and subsequently circulated to the branches on March 17, 202,3 was presented before the Delegates Conference for Adoption,” Kuppet stated in a letter to the Registrar.
In the letter dated January 2, 2025, the union chairman Omboko Milemba and Deputy Secretary General Moses Nthurima, top officials claimed that 425 delegates cast their votes, 402 voted in favour of amendments while 19 voted against it and four votes were spoilt.
But the officials and members have disputed the position saying the constitutional provisions were not met and voting was done by acclamation instead of secret ballot.
Those who will benefit from the scrapping of the age limit are – Mr Akello Misori, the Secretary General Omboko Milemba, the chairman, Mr Mwethi Njenga, the Treasurer, Mr Paul Maingi, the Organising Secretary, Ms Catherine Wambilianga the Woman Representative, Mr Moses Nthurima, the Deputy Secretary-General among others.
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Photo credit: Photo| DENNIS ONSONGO| NATION
Leading the pack of those opposed to the changes is the embattled assistant treasurer Ronald Tonui and Secretary for tertiary institutions Sammy Chelanga, whom fellow top officials are keen on elbowing out of their positions to avert a further revolt in the union.
In the crosshairs of Mr Misori’s team also is the secretary for secondary schools Henry Obwocha who walked out of negotiations between the union and Teachers Service Commission (TSC) Chief Executive Officer Nancy Macharia on September 2, 2024 when the union was allegedly arm-twisted to calling off a one week teachers strike.
In a controversial amendment in the 2023 Annual Delegates Conference, the retirement age for the union officials was altered from 60 to 65 years in what was a precursor to the recent (2024) removal of the age limit altogether.
In the letter dated January 8, 2024, addressed to KUPPET (reference MLSP/TU/136/1(164), Ms Kanake said “the objections and issues so far raised are too numerous for the registrar to ignore”
“Kindly note that we have received numerous objections to registration of the proposed changes, on both procedural and substantive grounds,” Ms Kanake said in the letter addressed to the KUPPET Secretary General.
“As much as the Registrar acknowledges the presented applications for the amendment of the Union’s Constitution, it is trite for the Registrar to also consider other attendant issues. The objections and issues so far raised are numerous for the Registrar to ignore,” Ms Kanake added.
Ms Kanake wrote; “Consequently, we are not able to proceed with registration of the proposed changes and hereby require that you respond to each of the objections as raised by the said objectors.”
Mr Charles Ngeno, the Narok County Executive Secretary, told the Nation on Tuesday that the members were not opposed to constitutional changes, but wanted it done in line with the constitutional requirements and not forced as witnessed in Vihiga.
“Unfortunately the top officials want to make Kuppet a club of a few retirees with financial muscle to bulldoze changes and cling to their positions for life. They are out to clip the ambitions of branch officials eyeing national positions,” Mr Ngeno said.
“Officials, be they in the branch or national office, should be elected based on their capabilities to lead and popularity among members and not on the basis of their financial capabilities”
Majority of the petitioners stated the proposed changes were unpopular as public participation was not conducted at branch general assemblies, constitutional committees and the national governing council.
The proposed changes state that any branch official seeking to contest a national office should first resign his or her current position 31 days before the poll is held – in what is seen as an effort to curtail those in branches from aspiring for national office.
“Only members of the National Executive Board and the Branches Executive committee members shall qualify to contest at the National union elections,” the amendment clause states.
Sh500,000 for top posts nomination
Nomination fees for the various elective positions have sharply risen following the constitutional amendments with the positions of secretary-general, national chairman, national treasurer attracting Sh500,000.
Kuppet Secretary General Akelo Misori (center) flanked by vice chairperson Julius Korir (right) and national treasurer Wicks Mwethi Njenga address the media in Nairobi on August 28, 2024.
Photo credit: Lucy Wanjiru | Nation Media Group
Deputy secretary general, national vice chairman, national organising secretary, national gender secretary, national secretary secondary, national secretary treasury and assistant national treasurer will part with Sh300,000 to be cleared to contest the positions.
Branch executive secretary, chairman, vice chairman, assistant secretary organising secretary, gender secretary, secretary secondary and secretary tertiary will pay Sh50,000 to contest the positions.
Initially, candidates for branch secretaries’ positions paid Sh50,000 fees, those seeking other branch positions paid Sh100,000.
The proposed changes create nine positions of trustees, eight of which shall be filled at the delegates’ conference and the ninth to be occupied by the founder Secretary General until the occupant is rendered ineligible.
It provides that the National Executive Board shall comprise 14 elected national officials that shall reflect regional, people with disability, gender balance and Junior Secondary representation.
The new positions created are –first assistant national gender secretary, second assistant national gender secretary, third assistant national gender secretary and assistant national secretary junior secondary and regional councils.
“The scrapping of the retirement age cap fosters a culture of entitlement allowing officials to hold office indefinitely contrary to the best practices in public service,” Mr Wanderi Murimi, a union member stated.
Mr Murimi stated that the changes allow individuals without Teachers Service Commission (TSC) registration certificates to contest for office in what undermines the credibility and professionalism of Kuppet. TSC certificates expire on one attaining retirement age of 60 years.
“Requirement for branch officials to resign before vying for national office is unfair and undemocratic, creating unnecessary barriers for potential candidates. The amendments entrench the ruling elite by ring fencing leadership positions turning the union into a dictatorship rather than a democratic institution,” Mr Murimi said.
Mr Kenas Nyadimo says the proposed changes weakened oversight bodies especially the National Delegates Council (NDC) rendering them powerless to challenge the national officials who are members of the National Executive Board (NEB).
“The amendments were adopted by acclamation contrary to KUPPET Constitution Article 25(iv) and that the delegates did not vote on each amendment through secret ballot to determine that two thirds of total votes cast endorsed it,” Mr Anthony Muhoro, a member of the union stated.
“The adopted amendments are discriminatory against members in favour of incumbent officials contrary to Labour Relations Act 34(2) (a),” Muhoro stated.
