KUPPET member seeks legal clarity on eligibility of retired officials in holding union leadership positions

A member of the Kenya Union of Post Primary Education Teachers (KUPPET) has formally petitioned the Registrar of Trade Unions seeking legal and constitutional clarification on whether retired persons and those who resigned from teaching service are eligible to hold leadership positions in the union.

In a letter dated February 12, 2026, Wesley Chelule, a member of the KUPPET Nakuru branch, raised concerns over the interpretation of the Labour Relations Act and provisions of the KUPPET constitution regarding eligibility for union membership and leadership.

Chelule questioned whether retired officials or individuals who resigned from the Teachers Service Commission (TSC) still qualify as employees and unionisable members under the law.

Chelule cited Section 2 of the Labour Relations Act, which defines an employee as a person earning a salary or wage, arguing that retired individuals or those who resigned to pursue political positions may not meet this definition.

He also questioned whether such individuals can form part of a trade union, which the law describes as an association of employees and whether they retain voting rights in union elections.

ALSO READ:

KUPPET officials move to court over ‘conflicting’ election rules

The petitioner further referred to Section 33(a) of the Labour Relations Act, which provides that only persons working in the sector should participate as voters, raising concerns about the eligibility of current National Executive Board members to contest in the upcoming 2026 KUPPET national elections.

He argued that since KUPPET has a recognition agreement with the TSC and not with retirees or other employers, the eligibility of retired officials remains unclear.

At the same time, Chelule pointed to provisions in the KUPPET constitution that allow retirees and those who resigned from employment to remain union members, arguing that such provisions may contradict national labour laws.

He urged the Registrar of Trade Unions to determine whether these constitutional clauses are lawful or invalid.

He also raised concerns about alleged discrimination in the union’s electoral process, claiming that existing constitutional provisions favour incumbent national officials over ordinary members seeking leadership positions.

According to Chelule, some rules require ordinary members to undergo multiple elections and nomination processes, which he argues may contravene the Labour Relations Act.

The letter, copied to the KUPPET Secretary General and the Cabinet Secretary in the Ministry of Labour and Social Protection, calls for an urgent written response to address the legal questions ahead of the union’s 2026 national elections.

Efforts to obtain a response from KUPPET officials and the Registrar of Trade Unions were ongoing by the time of publication.

By Philip Koech