The High Court in Machakos has intervened in the leadership dynamics of the Kenya Union of Post Primary Education Teachers (KUPPET) by halting the expulsion of the Machakos Branch Vice Chairperson, Yvonne Mutindi Musyoka. The court’s decision, dated January 24, 2024, temporarily restrains the branch from executing its recommendation to expel Mutindi. This development follows a legal challenge she initiated against the branch’s disciplinary actions.
Quick Summary
- The High Court in Machakos has issued a stay order, preventing the expulsion of Yvonne Mutindi Musyoka, the Vice Chairperson of KUPPET Machakos Branch.
- Mutindi filed a case challenging the flawed disciplinary process, asserting that allegations of assault and disruption during the Annual Delegates Conference were unfounded.
- The court not only halted the expulsion but also directed the reinstatement of Mutindi on the branch’s official WhatsApp group for her to resume her duties.
- The matter is scheduled for further orders on March 5, 2024.
Background and Legal Proceedings
Yvonne Mutindi Musyoka took legal action against her own union, KUPPET Machakos Branch, as well as KUPPET Secretary General Akello Misori and KUPPET Machakos Branch Executive Secretary. The case revolves around a disciplinary process initiated against Mutindi, accusing her of assaulting Misori and disrupting the proceedings of the last year’s Annual Delegates Conference.
The court, recognizing the urgency of the matter, certified Mutindi’s application as urgent. The ruling granted her the right to apply for an order of certiorari to challenge the decision recommending her expulsion. Additionally, she was allowed to seek an order of mandamus to compel the administrators of KUPPET’s WhatsApp groups to reinstate her.
Allegations and Counterarguments
The allegations against Mutindi stem from the claim that she violently disrupted the union’s Annual Delegates Conference in December 2023. In response, Mutindi denied the accusations, asserting that the chaos was fueled by the chairman, Omboko Milemba, who referred delegates to a non-existent agenda, causing restlessness among the members.
Moreover, Mutindi accused the Secretary General, Akello Misori, of assaulting her during the conference. She emphasized that the alleged assault is under police investigation. In her response to the show cause letter, Mutindi expressed skepticism about the motivations behind the disciplinary actions, suggesting an attempt to cover up misdeeds and preempt police investigations.
Procedural Unfairness and Constitutional Concerns
In her legal challenge, Mutindi contends that the decisions made during her disciplinary proceedings were procedurally unfair, unlawful, and unconstitutional. She argues that the branch’s actions were arbitrary, lacking reasons or grounds for her removal. The court will scrutinize whether the rules of natural justice and constitutional requirements were adhered to in reaching these decisions.
Union Dynamics and Internal Strife
The broader context of this case involves internal strife within KUPPET, exemplified by a split over a clause in the union’s 2022 minutes regarding proportionate representation. This split, coupled with recent developments like the Teachers Service Commission (TSC) posting union branch executive secretaries back to class, adds complexity to the ongoing leadership tussle within the union.
Final Thoughts
The High Court’s intervention signifies a crucial moment in the ongoing leadership struggles within KUPPET. As the legal proceedings unfold, it remains to be seen how the internal dynamics of the union will be reshaped and how the court’s decision will impact the broader educational landscape in Kenya. The scheduled hearing on March 5, 2024, will likely provide further clarity on the future course of events.