Leadership wrangles have erupted at the Kenya Union of Pre-Primary Education Teachers (KUNOPPET), the country’s Early Childhood Development Education (ECDE) teachers’ union, with the national chairman complaining of being undermined by especially the Secretary General, decrying the lack of transparency, accountability and democracy in the union.
In a letter dated June 20, 2024 to the Labour and Social Protection Cabinet Secretary (CS) Florence Bore, National Chairman Lawrence Otunga accused the union Secretary General (who they refer to as General Secretary) Samuel Opiyo of contravening the Labour Relations Act, 2007 and the union constitution.
In the letter copied to Ethics and Anti-Corruption Commission (EACC), Law Society of Kenya (LSK) and Registrar of Trade Unions, the national chairman indicated that the Secretary General and the National Treasurer have consistently gone against the constitution and have always accessed, spent and misappropriated the union funds without any approval and/or budget against Section 25(5), 35(6) and 39 of the Labour Relations Act, 2007.
One man show
He also complained that the union has been reduced to a one man show whereby the Secretary General makes key decisions without consulting the National Executive Board contrary to Article 16(3) of the union constitution, claiming that he refused to incorporate the office of the national chairman as one of the signatories to the union’s bank account.
“As the National Chairman of KUNOPPET, I have been mandated by members through Article 8 clause 1 (c) of the Kenya Union of Pre-Primary Education Teachers constitution, which states that the national chairman will enforce strict observance of the constitution and rules of the union and perform such duties as by usage and custom pertaining to his/her office,” said Otunga in the letter.
“I would like to highlight how the Union’s General Secretary has contravened the provisions of the Constitution(s) as follows: The refusal by the General Secretary to incorporate the current National Chairman as a signatory to the union’s bank account. This is happening even after a resolution was made by the union’s National Executive Board on May 5, 2023,” he added.
M-Pesa payments
Regarding the legality of the union branches, Otunga noted that the Secretary General has refused to fast track and ensure that all the union branches are registered so that the branch dues are channelled to relevant bank accounts and not individual M-Pesa numbers, further accusing the Secretary General of delegating duties to unregistered branch union officials.
“Refusal by the General Secretary to fast track and ensure all our branches are legally registered and the union dues are channelled to relevant bank accounts and not through unregistered individuals’ Mpesa numbers and denying other branches their dues, contrary to Section 41 (1) of the Labour Relations Act, 2007. This is after the General Secretary collected registration money from various branches such as Embu, Homabay and Taita Taveta counties,” Otunga went on.
“The General Secretary authorizing and delegating duties to unregistered branch union officials to carry out sensitive duties on behalf of the union, contrary to Article 25 (5), 35 (6) of the Labour Relations Act, 2007. This has put some of them at risks and/or fear of losing their jobs,” he added.
Ghost officials
Other accusations include refusal by the Secretary General to convene meetings, diverting union funds to personal needs, and operating without an independent physical office.
“The General Secretary has diverted the union funds to his personal needs and since 2021, we are unable to know a section of the National Leaders who are faceless, unknown and have never appeared in any meeting. He is using the ‘ghost officials’ to pull the majority to his side,” said Otunga.
“Having operated without an independent physical office, the General Secretary recently relocated to unknown building, which is only known to him and a section of his favorite officials, leaving out the National Chairman and the rest. The General Secretary is dismissive, insecure, unapproachable and hostile to leaders who ask for accountability. Vocal leaders are threatened with removal from the Union,” he added.
Otunga now wants the Secretary General to be compelled to strictly follow the union constitution for purposes of transparency and internal democracy, ensure union branches and officials are registered, convene regular meetings including the Annual Delegates Conference, and ensure the union funds are only spent within an approved budget.
He also wants the Secretary General to be further compelled to ensure that the National Chairman is incorporated as a signatory to the union bank accounts, reveal the faces and identity of the ‘faceless’ national KUNOPPET officials who are believed to be non-teachers, stop unnecessary filing of endless disputes in court, and embrace dialogue with county governments and other employers.
Accountability
He is also to ensure the union financial books are only handled by auditors approved by members, disburse the correct percentage of the union dues to the branches, ensure a budget is passed to enable all the union officials, including branches, get inducted and trained on trade union matters, disclose the exact location of the current national office to the union National Chairman and the members, and allow the union members to appoint an advocate who will handle all legal matters in order to cover them from shame of losing cases that the Secretary General has been handling alone in court.
“We all accept and appreciate having a General Secretary who is not a teacher. But he should not use that as an escape route to running away from accountability. A trade union is meant to advocate the rights of its members and not to violate, undermine, mislead, squander, con, sideline, and harass its members, including the officials. This we will not allow,” said Otunga.
He also disclosed that the union might be deregistred by the Registrar of Trade Unions for failure to file its returns from 2018 to 2023.
Efforts to reach to the Secretary General for comment and share his side of the story failed since neither our calls nor text messages received any response by the time this article was published.
YOU MAY ALSO READ:
CS Machogu lauds CEMASTEA for launching 2023-2027 Strategic Plan
By Roy Hezron
You can also follow our social media pages on Twitter: Education News KE and Facebook: Education News Newspaper for timely updates.
>>> Click here to stay up-to-date with trending regional stories
>>> Click here to read more informed opinions on the country’s education landscape
