Blow to Kuppet as court halts constitution changes

Kuppet Secretary General Akelo Misori (third left) during the National Executive Council meeting in Nairobi on September 1, 2024. [File, Standard]

The Kenya Union of Post Primary Education Teachers (KUPPET) on Wednesday suffered a setback in its bid to amend its constitution.

This is after a court issued conservatory orders halting the changes until a case challenging the amendments is heard and determined.

The Employment and Labour Relations Court in Nyeri granted the order in a case file by Anthony Ndegwa Kinyua, challenging the changes that were adopted and took effect in February.

Justice Onesmus Makau, who presided over the matter, certified the application urgent and scheduled it for mention on April 4.

Justice Makau directed the respondents to file their responses before the close of business on Wednesday, with submissions due by April 3, 2025. 

The court decision comes two weeks after the Registrar of Trade Unions approved the amendments to the Kuppet constitution, which were approved in December 2025. 

In a letter dated March 13, 2025, Ann Kanake, the Registrar of Trade Unions, confirmed that her office was satisfied due process had been followed in making the constitutional changes.

The amendments sparked controversy in Kuppet, particularly over the lack of clarity regarding the retirement age of union officials. 

Critics argue that the amendment removed the word "mandatory" from the 2017 constitution, which set the retirement age at 65, leaving the revised version ambiguous on the matter and could see the officials serve for life.

Another contentious issue was the proposed increase in nomination fees for union elections.

The revised structure significantly raised these fees: candidates for the positions of Secretary-General, National Chairman, and National Treasurer would be required to pay Sh500,000, while other national positions Sh300,000. 

At the branch level, the Executive Secretary position would require a nomination fee of Sh200,000, while other branch officials would pay Sh50,000. 

Kuppet defended the fee increment, citing rising election costs, including materials, venue hire, travel, and logistics.

Changes to delegate representation also sparked debate. 

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

Under the new system, branches with up to 300 members would send 14 delegates, with an additional delegate for every 100 members beyond this threshold. 

While some members feared this system could disadvantage smaller branches, Kuppet argued it was a fair and democratic approach. 

Concerns were also raised about the voting process used to approve the amendments.

Opponents argued that the changes were implemented without sufficient public participation.

However, Kuppet provided evidence of notices sent to branch executive secretaries on March 17, 2023, informing them of the proposed amendments. 

The union also submitted minutes from branch assemblies and regional caucuses held in Machakos, Siaya, Kakamega, Kiambu, and Mombasa, demonstrating that members had been engaged in the process.

Some members also claimed that the vote was not conducted by secret ballot, as required by trade union laws. However, Kuppet maintained that the vote had taken place and met the required two-thirds majority.