KUPPET Leadership in Retirement Negotiations, Case in the Senate
A representative of the Kenya Union of Post Primary Education Teachers (KUPPET) in Kakamega has asked the Senate to support the union in response to an illegitimate alteration to the union’s constitution.
The question of whether union executives at the national and branch levels should be permitted to hold their jobs after reaching the mandatory retirement age is the sticking point.
In a petition to the Senate dated August 17, 2023, addressed to the Clerk and received by the Senate main records unit on the same day, Elias Masika, a teacher who presented the petition on behalf of the union members, asserts that the union has been operating under a constitution that members did not alter.
Also see KNUT’s article, Teachers Protest Unconstitutional Changes.
He claims that the KUPPET is a group of employed working teachers; it does not include retired educators, those who have changed jobs, received promotions, or been elected to positions where they are no longer employed.
According to Masika, the Teachers Service Commission (TSC) defines an active teacher as a person who is currently employed as a teacher and has not yet retired.
At both the national and branch levels, however, retirees make up the majority of the teachers’ delegates.
According to Masika in the appeal, others have brazenly refused to leave their jobs, in flagrant contravention of the larger public service statutes.
He added that TSC has a role in deregistering retired teachers and advertising the jobs. He went on to say that the deregistered KUPPET leaders are required to renounce union offices, and their positions would be filled by other current serving and eligible members through an election.
He refers to the union’s constitution’s provision 12(b), which states that officials must retire at age 65. He goes on to say that the age restriction is unjust, unlawful, discriminatory, and a mockery of instructors who are still in the classroom. He further questions how a retired official can successfully help a teacher who is still in the classroom.
Masika now wants that the Senate be informed with the ages of all elected KUPPET officials as well as the dates of their retirement by Akello Misori, the union’s secretary general. She also points out that as union representatives are a part of the greater national governance structure, they are unable to act freely and disregard the obligatory retirement age and the Public Service Commission Act of 2017.
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