KUPPET in Hot Water Over Alleged Constitutional Violations

The Kenya Union of Post Primary Education Teachers (KUPPET) finds itself in the spotlight once more as five of its branch officials have taken legal action against the union. The officials—William Lengoyiap, Mathew Mweimuk, Peter Omondi Oluoch, Faith Kebut, and Charles Ng’eno—filed an affidavit in the Employment and Labour Relations Court (ELRC), accusing KUPPET of breaching the 2010 Constitution as well as its own union constitution.

The core of their grievance lies in the amendments introduced to the union’s constitution in 2012, which were subsequently implemented in the 2017 Constitution. The officials argue that these amendments were never approved or altered by the union members, rendering the constitution fundamentally flawed and illegitimate.

The affidavit highlights several key points of contention:

Lack of Member Involvement: The officials claim that at no point did the union members participate in or approve the constitutional amendments. The amendments were allegedly carried out unilaterally by the union’s leadership.
Specific Articles Under Scrutiny: The amendments in the 2017 Constitution that have drawn the ire of the officials include:
- Article 8.6.0(b): This article stipulates that members of the National Executive Board must work full-time, except those engaged as State officers who will serve part-time.
- Article 12.0(b): This article sets the mandatory retirement age for union officials at 65 years.
- Article 13.0(b): This article mandates that any branch official contesting for a national position must resign from their branch position at least 31 days before the national elections.

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The officials assert that the 2017 Constitution is invalid since the amendments were never proposed by the union members, nor was the proper procedure followed to implement these changes. They argue that this violates Article 10(1) of the 2010 Constitution, which mandates that national values and principles of governance apply to all state organs, officers, and persons involved in interpreting the Constitution or enacting any law.

Furthermore, the officials contend that the union’s 2012 Constitution under Article 25 requires any constitutional amendment to undergo public participation across the country, a process they claim was not followed.