Introduction
A storm is brewing within the Kenya Union of Post Primary Education Teachers (KUPPET) as members fiercely oppose amendments to the union’s constitution. The Ministry of Labour and Social Protection, through the Registrar of Trade Unions (RTU), issued a notice on February 6, 2025, announcing the proposed changes. However, teachers are now mobilizing to challenge the amendments, citing violations of legal procedures and discrimination against ordinary members.
The amendments, which were allegedly pushed through the Annual Delegates Conference (ADC) held on December 20, 2024, at Sosa Resort, have been described as oppressive and undemocratic. With a 21-day objection window open, members are racing to submit formal complaints to stop what they term as an illegal process.
Objections Raised Against KUPPET’s Constitutional Amendments
Teachers who oppose the amendments have outlined multiple concerns, alleging a breach of procedural fairness, intimidation, and manipulation during the ADC. Below are the key objections:
1. Lack of Members’ Participation
The KUPPET Constitution, specifically Article 25, mandates that any proposed constitutional amendments must be circulated to all branches at least three months before the ADC. However, members say no such notices were sent to their branches, making the process illegal and excluding the majority of members from engaging in discussions.
2. Unlawful Adoption Through Acclamation
Instead of using a secret ballot as required under Article 25 of the union’s constitution, the amendments were allegedly passed through acclamation. This method, according to objectors, did not provide a transparent way to determine if two-thirds of delegates actually supported the changes.
3. Delegates Locked Out by Hired Goons
Shocking allegations have emerged that some delegates were physically prevented from entering the venue by hired goons. Video evidence reportedly shows individuals blocking certain delegates to ensure only select members participated in the process.
4. Unaffordable Nomination Fees
One of the most contentious amendments includes raising nomination fees to Ksh 500,000—a move seen as a deliberate attempt to lock out classroom teachers from vying for leadership positions. Many members argue that such high fees favor sitting officials and deny regular members an opportunity to contest.
5. Non-Members Influencing the Vote
Eyewitnesses claim that non-union members, disguised in KUPPET-branded t-shirts, were allowed into the ADC and actively participated in the acclamation process. This has raised questions about the legitimacy of the voting process and whether the amendments genuinely reflect members’ will.
6. Discriminatory Amendments Favoring Officials
According to Section 34(2)(a) of the Labour Relations Act, amendments should not discriminate against members in favor of officials. However, objectors argue that the newly proposed changes do exactly that—strengthening the positions of those already in leadership while sidelining ordinary teachers.
7. Delegates Intimidated by Hired Security
Reports indicate that a large number of security personnel, allegedly hired by KUPPET Chairman Omboko Milemba, were present at the ADC. Delegates claim they felt threatened and unable to freely express their views, fearing retaliation if they opposed the amendments.
8. Denial of Secret Ballot Voting
Despite repeated calls from delegates for a secret ballot, KUPPET officials allegedly ignored these requests. This, objectors say, was a deliberate move to manipulate the outcome and ensure the amendments were passed without proper verification of votes.
9. Alleged Forgery of ADC Minutes
The legitimacy of the ADC minutes submitted to the Registrar of Trade Unions is now under question. Members claim that the minutes do not reflect the actual proceedings of the meeting, as no proper voting took place. These accusations of forgery further fuel concerns about transparency within KUPPET’s leadership.
10. Registrar’s Role Under Scrutiny
The Registrar of Trade Unions (RTU) has come under fire for allegedly giving KUPPET officials undue power to amend minutes and proceed with the filing of unconstitutional changes. Critics argue that the RTU lacks authority to direct union officials to alter ADC-adopted amendments without referring back to the members, National Governing Council (NGC), or constitutional committees.
Government’s Stance on the Amendments
Despite the official government stamp on the amendment notice, critics clarify that this does not mean the President has personally endorsed the changes. The seal from the Government Press under the Executive Office of the President is a standard administrative requirement, not an indication of executive approval.
Legal Battle Looms as Teachers Challenge the Amendments
Beyond the formal objections being filed with the RTU, a legal challenge has already been initiated in court. Teachers are determined to stop the amendments from taking effect, arguing that they were introduced through an illegitimate and coercive process.
The legal challenge is expected to focus on:
- Violation of the Labour Relations Act by failing to ensure democratic participation in constitutional amendments.
- Forgery of official documents, including ADC minutes, to justify unconstitutional changes.
- Discriminatory policies that unfairly favor union officials over ordinary members.
What’s Next for KUPPET Members?
With the 21-day objection period in progress, union members are encouraged to submit their formal complaints to the Registrar of Trade Unions. The recommended format for objections includes:
- Name
- Address
- Phone Number
- TSC Number
- A written objection citing the Labour Relations Act and KUPPET Constitution violations
Objections should be sent to:
The Registrar of Trade Unions
Ministry of Labour and Social Protection
NSSF Building, Nairobi
Email: ortu@labour.go.ke
Conclusion
KUPPET’s constitutional amendment process has sparked outrage among teachers, with allegations of irregularities, intimidation, and exclusion of members. As objections pile up and a court case looms, the union faces one of its biggest crises yet.
The coming weeks will determine whether the teachers’ efforts to overturn these changes will succeed or if KUPPET leadership will push forward with what many see as draconian policies designed to entrench officials in power.
For now, the battle for fair representation in KUPPET continues—both in the corridors of the Ministry of Labour and the courts of justice.
