Registrar of Trade Unions Rejects KUPPET’s Proposal to Raise Retirement Age for Officials

KUPPET has hit a snag in its bid to change its constitution as the Registrar of Trade Unions has rejected a proposal to increase the retirement age of union officials from 60 to 65 years.

The proposal was part of KUPPET’s broader changes to the union’s constitution and aimed at allowing union officials to serve longer terms citing benefits of continued leadership and experience. But Acting Registrar Ann Kanake has rejected the amendment saying it is contrary to Section 34(2)(a) of the Labour Relations Act which is the legal framework for trade unions in Kenya.

In her letter dated January 8, 2025 Kanake noted the contradiction between the proposed amendment and the existing laws. Specifically the proposed extension of the retirement age was found to be contrary to Article 13.0(a)(vii) of KUPPET’s Constitution which according to the registrar does not align with the national labour laws.

Although KUPPET had applied to change its constitution, Kanake noted that the union must also address the procedural and substantive objections raised by the members. This includes addressing the concerns that the amendments were not properly discussed internally and inclusively and some members questioning the legality of the proposed changes.

Proposed Amendments and Reactions from Union Members

Besides increasing the retirement age, KUPPET also proposed other amendments including increasing the elective positions from 10 to 16 to ensure fair representation of officials from traditionally underrepresented regions like Coast, North Eastern and Nairobi. The union also wanted to remove age limit for national office holders and implement proportional representation to elect delegates.

The proposed amendments were seen as a way to democratize and modernize the union but faced resistance from some members who said the changes were undemocratic and introduced in bad faith.

Call for Inclusivity and Democracy

After the rejection, Ronald Tonui the Assistant National Treasurer of KUPPET thanked the union for being transparent. He noted that the union should have taken a more inclusive and democratic approach to the constitutional amendments and called for branch general assemblies to discuss the proposed changes before they are presented to the Annual Delegates Conference.

Tonui’s statement is part of a broader concern about undemocratic practices and the need to follow established procedures within the union. He advised the proponents of the amendment to engage members more thoroughly so that future amendments are widely accepted and passed through the proper channels.

Background on KUPPET’s Constitution

KUPPET’s current constitution was enacted in 2010 when the union had a membership of around 20,000. Since then the union has grown to over 120,000 members countrywide. The growth of the union makes it more necessary to update the constitution especially to ensure more representation and fairness in its governance structure.

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