By The Weekly Vision Investigative Desk
Kenya’s second-largest teachers’ union, KUPPET, is facing a full-blown governance crisis as its leadership openly defies court orders, raising serious questions about accountability and democracy within the labour movement.
On 26 December 2025, KUPPET issued an election circular based on a constitution that the courts had expressly barred from being used. This act directly contradicts a conservatory order issued by the Employment and Labour Relations Court in March 2025, which suspended constitutional amendments pushed through by Union leadership.
“The court clearly stated that pending the hearing and determination of the petition, no elections, appointments, or actions under the amended constitution should take place,” said lawyer Hillary Githinji. “Yet KUPPET issued a circular citing precisely that constitution. It was a blatant disregard of the court order.”
The Registrar of Trade Unions, Ann Kanake, had previously reminded all unions that the 2026 elections must strictly comply with constitutions registered under the Labour Relations Act, 2007. Any constitution under a court-imposed conservatory order cannot be used unless lifted by a judge.
Despite this, KUPPET’s leadership pressed on, intensifying internal dissent and exposing deep-rooted governance issues. Members allege a culture of intimidation and silence, with whistle-blowers expelled and some even physically attacked during AGMs.
Yvonne Mutinda, Vice-Chairperson of KUPPET Machakos branch, described the situation as a power struggle dominated by a small group of retirees aged 60–65, who allegedly manipulate processes to maintain their grip. “Our executive secretary is 64 and was involved in forging minutes to claim that a BGA approved the constitution. Branch officials see what happens to whistle-blowers and stay quiet for their safety,” Mutinda revealed.
The disputed amendments are said to consolidate power, including:
- Removing the mandatory retirement clause
- Raising nomination fees to KSh 200,000
- Restricting voting rights
- Creating additional leadership positions
Critics argue these changes are self-serving, undermining democratic governance and silencing dissenting voices. Internal gender dynamics have also added to the unrest, with some progressive reforms delegitimised by flawed processes.
KUPPET is not alone. Similar issues have surfaced in the University’s Academic Staff Union (UASU), where attempts to remove the two-term limit for the secretary-general were blocked. Secretary-General Constantine Wasonga, already in his second term, would have benefited from the amendments, but the Registrar’s directive ensures the 2026 elections must follow the old rules.
The Registrar has warned that failure to adhere to the Labour Relations Act and registered constitutions will attract sanctions, signalling that defiance will not go unchecked.
Among the most contentious points is the retirement age clause. While the 2017 constitution capped retirement at 65 years, the amended version omitted the word “mandatory,” a change interpreted by critics as a loophole to extend tenures. The Registrar clarified that this does not alter the substance, maintaining the integrity of the age limit.
As KUPPET members prepare for elections, the union’s defiance of the courts and internal dissent paints a troubling picture for Kenya’s labour movement. The outcome of this crisis will determine not only the union’s leadership but also the future of democratic governance in one of the country’s most influential labour bodies.
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