The acting Registrar of Trade Unions, Anne Kanake, has declined to register the proposed amendments to the Constitution of the Universities’ Academic Staff Union (UASU). In a letter dated December 20, 2024, Kanake informed the UASU National Secretary General that the union had failed to submit a comprehensive schedule of amendments against the old Constitution, as required.
Kanake emphasized that the proposed changes could not proceed due to procedural flaws. She cited concerns raised by union members and the absence of adherence to Article 37 of the Union’s Constitution, which mandates a secret ballot for approving constitutional amendments. The National Delegates’ Conference (NDC) minutes provided by UASU indicated that the amendments were ratified through acclamation rather than a secret ballot, leading to procedural non-compliance.
In a prior letter dated December 11, 2024, some lecturers from various universities had also objected to the changes. They argued that the amendment process lacked proper public participation, a fundamental requirement for inclusivity and transparency. The lecturers accused the National Secretary General of unilaterally adopting the Constitution, contravening Section 23 of the 2014 UASU Constitution, which mandates the NDC’s approval through a legitimate process.
“The omission undermines inclusivity and transparency, which are critical to the union’s decision-making process,” read the letter.
The rejection of UASU’s amendments coincides with a similar decision on the proposed changes to the Kenya Union of Post-Primary Education Teachers (KUPPET) Constitution. In a letter dated January 8, 2025, Kanake cited both procedural and substantive grounds for rejecting the amendments. Key among the issues was the proposal to expand elective positions from 10 to 16, aimed at ensuring representation from marginalized regions like Coast, North Eastern, and Nairobi.
The acting Registrar stressed the need for unions to adhere to their constitutions and the Labour Relations Act. These developments highlight the growing scrutiny of trade unions’ governance and calls for greater transparency in constitutional amendments.
