The Employment and labor Relation Court (ELRC) has suspended the implementation of the amended constitution of the Kenya Union of Post Primary Education Teachers (Kuppet) few days after it was registered.
Justice Onesmus Makau of ELRC in Nyeri issued a stay order halting the implementation of the amendments until the case filed against it is heard and determined, adjourning the case hearing to April 4,when it shall be mentioned.
This follows after a petition was filed by Anthony Kinyua, who is a teacher and the union member seeking to overturn the amendments viewed by some as intended to lock out rivals and entrench the current leadership.
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He argued that the changes are unconstitutional, illegal and void due to irregularities in their adoption. Kinyua also claimed that the contents lacked transparency, public participation and fairness.
He wants the court to compel the KUPPRET secretary general to conduct a fresh, transparent and inclusive amendments process.
Kinyua also wants the court to declare that the Registrar of Trade Unions acted unfairly and in violation of Article 47 of the constitution by approving the amendments despite acknowledging strong objections from the members.
The trade union acting Registrar, Anne Kanake issued a certificate of registration for the amended constitution on March 13, prompting the acting Kuppet secretary general Moses Nthurima to inform the union members via a letter that changes would take effect as from January 2026.
Some of the contested amendments is the increased in the retirement age for the top officials to 65 years and significantly raising the nomination fees for candidates seeking unions position.
The amendment also introduced stricter eligibility criteria requiring branch officials to resign from their positions 31 days before contesting for the leadership positions.
Such amendments did not sit well with critics who argued that such changes will only create an unfair barrier for those seeking to rise through the ranks.
By Brian Ndigo
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