The Lower Eastern Times Opening The Third Eye
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The acting registrar of Trade Unions, Anne Kanake, has rejected the proposed changes to the Constitution of the Universities’ Academic Staff Union (UASU) that were submitted for registration.
In a letter dated December 20, 2024, Kanake addressed the National Secretary-General of UASU regarding the proposed amendments to the union’s Constitution.
“As a result, we cannot proceed with registering the proposed changes in their current form. You are required to respond to the objections raised by the concerned parties and provide a detailed list of all the amendments made to the Constitution in comparison with the old version,” Kanake stated.
She pointed out that the union had not supplied the registrar’s office with a list of changes made to the Constitution.
“We observed that, based on the minutes from the alleged National Delegates’ Conference (NDC) you provided, particularly item No. 2, the amendment was approved by ratification/acclamation rather than through a secret ballot as mandated by Article 37 of the Union’s Constitution,” the acting registrar noted.
In another letter dated December 11, 2024, which was seen by the Star, lecturers from various universities who are members of UASU objected to the proposed amendments, citing several reasons.
They argued that proper public participation, a crucial part of the constitution-making process, was not conducted before drafting and presenting the document.
“This failure undermines the principles of inclusivity and transparency, which are essential to the union’s decision-making process,” the letter stated.
The letter also criticized the unilateral adoption of the Constitution by the UASU National Secretary-General, which they argued violated Section 23 of the UASU Constitution 2014 regarding amendments.
“It is important to note that this section requires the NDC to approve and ratify constitutional amendments through a legitimate process,” the letter added.
This follows the acting registrar’s rejection of proposed amendments to the KUPPET Constitution, citing multiple objections from members on both procedural and substantive grounds.
In a letter dated January 8, Kanake specifically mentioned Article 13.0(a)(vii) of the KUPPET Constitution, stating that it conflicted with Section 34(2)(a) of the Labour Relations Act.
“While the Registrar acknowledges the application for amendments to the Union’s Constitution, it is necessary to also consider other related issues,” the letter read.
The proposed changes include expanding elective positions from 10 to 16, with the aim of ensuring representation from marginalized regions such as Coast, North Eastern, and Nairobi in national leadership roles.
Supporters of the proposal are advocating for the adoption of Proportional Representation (Pro Rata) in the selection of union delegates, as well as removing the age limit for national officeholders.
