Final ammended Kuppet Constitution 2024/ 2025
CONSTITUTION ANDRULES
KENYA UNION OF
POST PRIMARY EDUCATION
TEACHERS (KUPPET)
CONSTITUTION AND RULES
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CONSTITUTION ANDRULES
TABLE OF CONTENTS
PAGE NO.
ARTICLE 1.0
ARTICLE 1.0.1
ARTICLE 2.0
ARTICLE 3.0
ARTICLE 4.0
ARTICLE 5.0
ARTICLE 6.0
ARTICLE 7.0
ARTICLE 8.0
ARTICLE 9.0
PREAMBLE ………………………………………………………….…………….……
INTERPRETATION……………………………………….…………….…….………
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2
3
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5
NAME ………………………………………..…………………..……………….…..…
MOTTO…………………………………………………………………….…………..…
THE AIMS/OBJECTIVES ……………………………..……………………..…….
MISSION …………………………………………………………………………….….
VISION ……………………………………………………………….………….……….
MEMBERSHIP……………………………………….…………………………………
ORGANISATION STRUCTURE……………………………………………..……
NOTICE FOR MEETINGS ………………………………………….……………… 13
ARTICLE 10.0 OFFICERS OF THE UNION……………………………..…………………..….… 13
ARTICLE 11.0 DUTIES AND FUNCTIONS OF THE OFFICERS……………………………. 14
ARTICLE 12.0 TERMS OF THE OFFICE BEARERS ……………………………………….…… 19
ARTICLE 13.0 UNION ELECTIONS …………….……………………………………….…………. 20
ARTICLE 14.0 NOMINATION FEES …….………………………………………………….……… 21
ARTICLE 15.0 COMMITTEES …….……………………………………………………….…………. 22
ARTICLE 16.0 GRATUITY…….…………………………………………………………..……….…… 23
ARTICLE 17.0 UNION FUNDS…………………………………………….……………..………..… 23
ARTICLE 18.0 AUDITORS…………………………………………………………………………..….. 24
ARTICLE 19.0 INSPECTION OF AUDITED ACCOUNTS………………………………..…… 25
ARTICLE 20.0 MEETINGS…………………………………………………………….……………..… 25
ARTICLE 21.0 DISCIPLINE………………………………………………………….………………….. 26
ARTICLE 22.0 INDUSTRIAL ACTION/DISPUTE………………………………………..…….… 28
ARTICLE 23.0 BY LAWS AND RULES OF PROCEDURE………………………..…………… 29
ARTICLE 24.0 INTERPRETATION ………………….………………………………………….…… 29
ARTICLE 25.0 AMMENDMENTS AND ALTERATIONS OF SECTIONS OF THIS
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CONSTITUTION…………………………………………………………..………..…
ARTICLE 26.0 DISSOLUTION OF THE UNION……………………………………………..….. 30
ARTICLE 27.0 AUTHORITY….…………………………………………….………………..……..…. 31
ACRONYMS
………………………………………………………………………………………. 32
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CONSTITUTION ANDRULES
ARTICLE 1.0: PREAMBLE
Thetradeunionconstitutedbythisconstitutionshallbecalled theKENYAUNIONOF
POSTPRIMARYEDUCATIONTEACHERS(KUPPET),withtheheadquartersinNairobi.
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WHEREAS the Kenya Union of Post Primary Education Teachers has been founded
upon principles of social justice and professionalism and is dedicated to the
achievement of greater unity among her members for the purpose of improving their
standards of living, bringing justice and dignity at the workplace and securing social
equity for all;
WHEREAS the union has formulated and adopted the following rules to regulate
relationship between members and between members and employers and to
organise collective bargaining for the purposes of meeting her objectives;
AND WHEREAS to these ends the KENYA UNION OF POST-PRIMARY EDUCATION
TEACHERS shall be an honourable institution in which membership shall be a
source of pride.
ARTICLE 1.0.1: INTERPRETATION
In this Constitution, unless the context otherwise requires-
(a) “Delegate” means registered officials and members of KUPPET entitled to
attend the Annual and Special Delegates Conferences.
(b) “Member” means a teacher/lecturer/trainer who is a fully paid up
member of KUPPET.
(c) “Trade Union” means Kenya Union of Post Primary Education Teachers or
the meaning assigned to it under Labour Relations Act, 2007.
(d) “County” is a geographical location within which KUPPET branch is
confined.
ARTICLE 2.0: NAME
The organisation shall be called; Kenya Union of Post-Primary Education Teachers
(KUPPET),hereinafterreferredtoastheUNION. Theregisteredofficeoftheunion shall be Lower
Hill Duplex Apartment, Lower Hill Road, Suite 51/P. O. Box 30412- 00100, NAIROBI or
as may be determined from time to time by theUnion.
ARTICLE 3.0: MOTTO
Service, Justice and Solidarity.
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ARTICLE 4.0: THE AIMS/OBJECTIVES
(a) To advocate for the establishment of sound, ethical and professional
policies that guarantee job security and fair solution to the members’
grievances.
(b) To make every endeavor to organise all the teachers in the post primary
institutionsandtoensureabsoluteunityofthemembersforeffectiveand efficient
representation.
(c) To promote, improve and develop ethical principles to inculcate responsibility
among the teachers to guarantee their health, professional, social and
economic well-being.
(d) To develop the capacity of members through seminars, symposiums and
workshops locally and internationally.
(e) To organise lawful processions or demonstrations to promote the members’
freedom of expression and collective rights.
(f) To participate in all matters aimed at providing quality education and
formulation of sound policies towards common system of education.
(g)
To make every endeavour to promote effective representation locally, nationally
and internationally in collaboration with such other related organisations and/or
agencies to protect the teachers’ interest and education generally.
(h) To negotiate with the government of Kenya/its agencies, any public or
private institutions offering education or related services better terms and
conditions of employment and thereby formulate clear representation and
negotiation procedures including promotion and its packages.
(i) To join or to be joined in any research by the government of Kenya (its agency
/ department / Ministry) any public or private organisation/ institution on
matters related to teaching as a profession.
(j) (i) To co-operate in or take part in research together with other societies,
bodies, associations, unions or organisations within or outside the
country having similar aims and objectives.
(ii) To engage in/take part in education related projects with other societies/
bodies/organisations within and outside the country.
(k) To promote and protect the rights of teachers serving in education
industry.
(l) To articulate the members’ interests in the formulation of education
ordinances, policies and propagate the same to the members for smooth
administration and dispensation of education.
(m)
To offer assistance and encourage teachers to form saving and credit
societies, Burial and Benevolent Funds, academic institutions, land buying
companies and/or any amenities.
(n) To acquire any deeds, loans or “by purchase or lease” any movable or
immovable objects.
(o)
To seek and obtain legal advice/protection on matters affecting the union and
member(s) whether directly or indirectly arising out of relations between the
union /members and the employer(s) to improve the members’ social and
CONSTITUTION ANDRULES
economic status.
o establish KUPPET branch offices based on County demarcations.
(q) To establish at National level sub-committees such as: –
(p)
T
Finance and Administration Committee, Constitution and By- laws Committee,
Industrial Relations and Research Committee / any other committees decided
upon by the Delegates Conference.
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(r)
To affiliate to workers organisations locally/internationally for a united front to
champion the rights of Teachers and promote education for all.
(s) To sensitise members on HIV/AIDS/Drugs/Substance abuse at the work place.
(t) Toadvocate against childlabour/abuse/trafficking.
(u) To provide a conducive environment for arbitration of disputes at workplace
and to liaise with other organisations/agencies to enhance cohesion and
conciliation at the workplace.
(v) To create/advocate for gender equity and mainstreaming at the workplace.
(w) To buttress gender equity and equal opportunities without any form of
discrimination on basis of, inter alia, sex, race, tribe, age or religion.
ARTICLE 5.0: MISSION
To unite all teachers in post primary institutions in Kenya by advocating for the
establishment of sound ethical and professional policies that guarantee job security
and fair solutions to members’ grievances through lawful union activities, affiliation,
negotiation and research.
ARTICLE 6.0: VISION
To be a strong National progressive post primary teachers’ union in Kenya where
justice, service and integrity are upheld to enhance cohesion and conciliation.
ARTICLE 7.0: MEMBERSHIP
(a) (i) Teachers/ Trainers in secondary and tertiary institutions of good conduct and
reputation,certified,licensedorauthorisedtoteach,shallhave the right of admission to
any of the branches of the Union upon payment of the entrance fee as provided
in the rules of the union.
(ii) A member may retain his membership in the Union even after
retirement or resignation from the service of TSC or any relevant
Teachers employer provided that he or she is fully subscribed.
(b) If in the opinion of any Branch the applicant’s professional conduct makes it
undesirable that his/her name should not be on the Roll of Members, the
matter shall be referred to the National Governing Council for enquiry by the
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CONSTITUTION ANDRULES
Professional and Standards Committee of the union.
(c) (i) Upon admission, the teacher’s full name shall be written in the Union’s
register showing the member’s name in the Teachers’ Register kept
by the Teachers Service Commission and where possible the name of
school/institution to which the member is assigned at the time of admission.
(ii) The member shall be provided with membership card bearing his/her
name in full, address and such further particulars that may be necessary to
affordeasyidentificationofthemember.
(d) No person shall be admitted to the union or to any of its Branches, unless
he/she previously agrees to abide by the rules of the union contained in this
constitution.
(e) (i) Entry membership fee of KShs.50 (fifty shillings only) to the Union shall be
paid once and monthly subscription fee for all members shall be at a rate of
1.8% (one point eight per cent) of a member’s basic pay.
(ii) Monthly subscription shall in as far as possible be collected through the
check-off system.
(iii) If at any time the National Governing Council is of the opinion that the
allocation of the subscription should be revised they shall seek authority
from National Delegates Conference.
(iv) KUPPET shall operate on a closed shop system.
(f) Any member of a Branch of the union who is transferred from one County
branch to another, shall on payment of all dues, be entitled to a “DEEM IT”
which shall make him/her eligible for enrolment in thebranch.
(g) Every member shall be at liberty to withdraw his/her membership from the
union by clearly addressing his/her resignation to the employer and a copy to
the Branch Executive Secretary in which case the party withdrawing will
cease to be entitled to enjoy any benefits or privileges of the union or any of
its Branches. Under no circumstances shall any subscriptions or other
donations paid to the union by a withdrawing member berefunded.
(h) Honorary/Associate Membership may be conferred on any person who in the
opinion of the Delegates Conference has rendered outstanding service to the
cause of the Union/Education or other persons not eligible for ordinary
membership. Such honorary membership shall not carry any right to vote on
any matter.
(i) No Honorary Member shall be eligible to hold any office in the union.
(j) Any teacher having been declared ineligible by the National Governing
Council (NGC) shall remain ineligible until such a time as the Delegates
Conference may decide to admit his/her membership.
(k) Associate/honorary members shall not be obliged to pay any fees or
subscription.
(l) Members of the Union shall be at liberty to join other Educational
Organisations, so long as the rules and regulations of such organisations are not
contrary to the rules and regulations of Kenya Union of Post-Primary
Education Teachers (KUPPET).
CONSTITUTION ANDRULES
ARTICLE 8.0: ORGANISATION STRUCTURE
8.0 There is established the organs of the UNION namely:
1. Annual Delegates’ Conference (ADC), 2. National Advisory Council (NAC), 3. National
Governing Council (NGC), 4. National Executive Board (NEB), 5.Regional Council (RC), 6.
Branch General Assembly (BGA), 7. Branch Governing Council (BGC), 8. Branch Executive
Committee (BEC), 9. Trustees 10. School/Institutions Representative (SR/IR).
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8.1.0 The Annual Delegates’ Conference (ADC)
(a) There shall be convened annually in the month ofNovember/December,
atsuchdateandplaceasmaybefixedbyNationalGoverningCouncil(NGC)
an annual delegates’ conference of the UNION.
(b) The notice to the Annual Delegates’ Conference shall be issued by the
Secretary General as directed by the National GoverningCouncil.
(c) The notice regarding the Annual Delegates’ Conference; while being issued,
shall be within four weeks before the conference.
(d) The National Governing Council (NGC) may convene a Special Delegates’
Conference whenever necessary provided that not less than two weeks’
notice is given. Such conference shall have similar powers and functions as
the Annual Delegates’ Conference.
(e) Unless expressly provided for, the Delegates’ Conferences for the purposes of
elections shall be on the 5th year not later than the second week of
December following KUPPET National elections.
8.2.0 Delegates to the Conference
(a) The delegates attending the conference shall be: Members of the National
Executive Board, the members of the National Governing Council, Trustees
and Delegates from the 47 county Branches.
(b) (i) Each county Branch shall send fourteen (14) delegates being representative of
between 1-300 members to the Annual Delegates’ Conference, all of whom must
be bona-fide registered officials of the Branch.
(ii) Delegates duly appointed at the Branch General Assembly being one delegate
for every one hundred (100) over and above the 300 bona fide members
registered in the membership register at such Branch shall attend the Annual
Delegates Conference.
(iii) The National Executive Board may call for a Special Delegates Conference for
critical decision-making in which at least three delegates from each Branch shall
be invited to attend.
(c) Any replacement of the Delegates must be approved by the Branch Governing
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Council. A list of replacement must be sent to the Secretary General fourteen
days to the conference.
(d) The Secretary General shall avail the replacement lists thereof to the National
Executive Board a week to the conference. The quorum to the conference shall be
a third (1/3) of delegates to attend.
(e) Only members of the National Executive Board and Branch Executive Committees
qualify to contest at the national elections.
8.3.0 The Functions of the Delegates’ Conference
(a) The Delegates’ Conference shall be the supreme authority of the UNION and
its decisions shall be final and binding on all members.
(b) TheDelegates’Conferenceshalladoptfinancialstatements/reports.
(c) The Delegates’ Conference shall approve the budget proposal presented by
NGC for the following year.
(d) The Delegates’ Conference shall determine the broad basic policies and
programs of the Union for the future.
(e) The Delegates’ Conference shall delegate powers to the National Executive
Board for the purposes of setting up specialised departments and other
advisory bodies at the Secretariat to carry out the aims and objectives of the
Union and disciplinary issues.
(f) TheDelegates’Conferenceshalldeal with educationalmattersaffectingthe
union and the Republic of Kenya.
(g) (i) The Delegates’ Conference shall consider all matters related to
membership and discipline.
(ii) The Delegates’ Conference shall ratify decisions of the National Governing
Council.
(iii) The Delegates’ Conference shall delegate to the National Governing
Council powers to discipline a member/branch that breaches the KUPPET
regulations.
(h) Shall consider amendments of the Union Constitution.
8.4.0 National Advisory Council
(a) There shall be established a National Advisory Council (NAC) which shall
comprise elected national officials; the National Chairperson, the National Vice
Chairperson, The Secretary General, The Deputy Secretary General, National
Treasurer, Assistant National Treasurer, National Secretary Gender, National
Secretary Tertiary, National Secretary Secondary, National Organising
Secretary, Branch Chairpersons, Branch secretaries and Branch Treasurers
from all the counties.
(b) The council shall be chaired by the Union`s National chairperson.
(c) The secretary to the National advisory council shall be the Secretary General.
(d) Shall meet once a year.
CONSTITUTION ANDRULES
(e) Shall meet as and when the National Executive Board so determines.
(f) Exercise their role collectively and not individually.
8.4.1. Functions of National Advisory council
The National Advisory Council shall:
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(a) Render advice to the National Governing Council on selected union matters.
(b) Advise on the Unions mission, vision, and purpose and core values.
(c)
Advise on the strategic direction and significant policies of the Union.
(d) Ensure that the strategy of the Union is aligned to the purpose of the
organisation and the legitimate interests and expectations of the members
and her stakeholders.
(e) Advise on the Organisational structure.
8.5.0 National Governing Council (NGC)
(a) The NGC shall comprise of the Elected National Officials namely the
National Chairperson, the National Vice Chairperson, the Secretary
General, the Deputy Secretary General, National Treasurer, Assistant
National Treasurer, National Secretary Gender, National Secretary
Tertiary, National Secretary Secondary, National Organising Secretary, 1ST
Assistant National Gender Secretary, 2ND Assistant National Gender
Secretary, 3RD Assistant National Gender Secretary and Assistant National
Secretary Junior Secondary, together with Branch Secretaries from the
counties and sixteen (16) nominee women representatives.
(b) The quorum shall be a third (1/3) of members expected to attend.
8.5.1 The Functions of the National Governing Council (NGC)
(a) (i) Shall meet twice a year.
(ii) Shall meet as and when the National Executive Board sodetermines.
(iii) Shall meet within 14 days if 1/3of the National Governing Council signs a
requisition for a meeting.
(b) Shall ensure that the business of the Union is properly transacted between
the Annual Delegates’ Conferences.
(c) Shall ensure that the decisions and policies of the Delegates’ Conference are
fully executed.
(d) Shall enforce decisions of the union as determined/passed by Delegates’
Conference.
(e) Shall ensure adherence to the Constitution, rules and regulations, standing
orders, by-laws of the union and take such steps as may be deemed
necessary for such purposes.
(f) Shall discipline a Member/Branch of the Union.
(g) Shall solicit funds through loans, advances, overdrafts and mortgage for
Union projects.
(h) Shall recommend removal of any official(s) from its meetings for a period
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CONSTITUTION ANDRULES
not exceeding one year for gross misconduct/having acted contrary to the
union constitution after two consecutive warnings.
(i) Shall develop by-laws at National and branch levels.
(j) Shall exclude from the Union any branch which in their opinion has failed to
comply with the rules of the union.
(k) Shallrecommendremovalfromofficeanyofficersforgrossmisconduct/ floutingofthe
constitution/rulesprovidedthat2/3ofmembersendorse.
(l) Shall direct the Deputy Secretary General to issue notice of meetings of the
National Governing Council, National Advisory Council and the National Delegates
Conference if the Secretary General/any other officer acting on his/ her instruction fails to
issue notice or is incapacitated in any way provided two thirds requisition of
members endorse.
(m) The National Governing Council (NGC) shall determine the allowances for the
Trustees.
(n) Shall prepare by-laws to run gratuity and benevolent funds.
(o) Shall nominate twelve (12) women representatives to the National Governing
Council considering regional balance.
(p) Setandoverseetheoverallstrategyandapprovesignificantpoliciesofthe Union.
(q) Monitor the Union’s performance.
8.6.0 The National Executive Board (NEB)
(a) There shall be established the National Executive Board (NEB) comprising fourteen
elected national officials who shall reflect regional and gender balance, and include the
representation of persons abled differently and Junior Secondary School. The National
Officials include: The National Chairperson, the National Vice Chairperson, the
Secretary General, the Deputy Secretary General, the National Treasurer, Assistant
National Treasurer, National Secretary Gender, National Secretary Tertiary, National
Secretary Secondary, National Organising Secretary, 1ST Assistant National Gender
Secretary, 2ND Assistant National Gender Secretary, 3RD Assistant National Gender
Secretary and Assistant National Secretary Junior Secondary.
(b) The members of National Executive Board shall work on full time basis provided
that any member who gets engaged as a state officer shall serve the union on part-
time basis.
(c) Notwithstanding the provision above, National Executive Board may prescribe
suchothertermsformembersoftheboardwhoareservingasstateofficers.
(d) This organ shall be based at the secretariat and shall have mandate to transact
the business of the union at the headquarters.
(e) The National Executive Board and the other national office employees shall form
the secretariatstaff.
CONSTITUTION ANDRULES
8.7.0 Functions of the National Executive Board
(a) The National Executive Board (NEB) shall be responsible for the day-to-day
affairs of the union.
(b) Shall exercise delegated authority on behalf of the Delegate’s Conference,
the National Advisory Council and National Governing Council.
(c) Shall conduct meetings at least once each month or as may be necessary.
(d) Shallexerciseauthority/mandate to negotiate/enter into CollectiveBargaining
Agreement (CBA) with the Government/Employer/any other authority on
behalf of the members.
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(e) Shall implement the policies of the Union as outlined in the aims and
objectives of the union under the direction of Delegates’ Conference.
(f) Shall make decisions binding the Union in circumstances of emergencies/
when National Governing Council has not met/when necessary.
(g) Shallrecruitanddeterminetermsofserviceforsecretariatstaff.
(h) Shall interpret rules and regulations between meetings of the Delegates’
Conferences.
(i) Shall determine terms of reference for various union committees and
honorariaforthecommitteemembers,shallmaintaintheunionfinances and submit a
report and a statement of accounts to the Annual Delegates’ Conference of
the Union.
(j) Shall set up specialised departments and other advisory bodies at the
Secretariat to carry out the aims and objectives of the Union and disciplinary
issues.
(k) Shall maintain the union projects at National levels.
(l) Shall initiate and discipline a member or branch of the Union.
(m) Shall enforce the decision of the Union as passed at the Delegates
conference.
(n) Shall maintain Union Finances and submit reports and statements of
accounts to the Annual Delegates Conference.
(o) Shall approve the establishment of new KUPPET branches.
(p) Shall establish gratuity and benevolent funds at National and Branch levels to
cater for officers working full time and secretariat staff.
(q) Shall ensure 5% of Union income is deposited to manage gratuity scheme for
full time officers of the Union.
(r) Shall ensure that code of conduct and ethic is developed and enforce strict
compliance to the same.
(s) Develop, adopt and periodically review a board charter.
(t) Develop and recommend for adoption pertinent policies and regulations for
effective management of the Union’s affairs.
(u) Develop and recommend for approval the annual Budget, annual business
plan, proposed branches on the Union and any other annual or quarterly
reports.
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8.7.1. Regional Councils
(a) There is established 8 Regional Councils consisting of elected officials from
respective branches within the region. Regional Councils shall meet at least
twice a year to consider union and educational matters within the region.
(b) The Regional Council shall in every five years elect its Chairman, Vice
Chairman, Secretary, Assistant Secretary, Treasurer, Vice Treasurer and
Women Representative, who shall form the Regional Council Steering
Committee.
(c) The Regional Councils shall be financed by branch levies and grants as
determined by respective Regional Council and approved by the National
Executive Board.
(d) Every Regional Council shall be registered like any other branch of the union
and shall keep proper books of account.
(e) There is established 8 Regions in Kenya namely:
[i] Coast Region consisting of Mombasa, Kwale, Kilifi, Lamu, Taita Taveta and
Tana River Counties.
(ii) North Eastern Region consisting of Garissa, Mandera and Wajir Counties.
(iii) Eastern Region consisting of Machakos, Makueni, Kitui, Tharaka Nithi,
Meru, Isiolo, Embu and Marsabit Counties.
(iv) Central region consisting of Nyeri, Nyandarua, Murang’a, Kirinyaga and
Kiambu Counties.
[v} Rift Valley Region consisting of Nakuru, Trans Nzoia, Elgeyo Marakwet,
West Pokot, Turkana, Baringo, Nandi, Laikipia, Narok, Kajiado, Kericho,
Samburu, Uasin Gishu and Bomet Counties.
[vi] Western Region consisting of Kakamega, Bungoma, Vihiga and Busia
Counties.
(vii) Nyanza Region consisting of Siaya, Kisumu, Homa Bay, Migori, Kisii and
Nyamira Counties.
(viii) Nairobi Region consisting of Nairobi County.
8.8.0 The Branch General Assembly (BGA)
(a) There shall be branches of the union as shall be established by the National
Executive Board on county framework structure of governance.
(b) Secretary General shall apply to the Registrar of Trade Unions for the Branch
RegistrationCertificateuponapprovalbytheNationalExecutiveBoard.
(c) The Branch General Assembly shall be convened at least onceannually.
(d) Shall be convened by:
(i) The Executive Secretary of the Branch in consultation with the Branch
Chairperson.
(ii) A requisition of Six (6) members of the Branch Governing Council in case
the Executive Secretary or Assistant Branch Executive Secretary fails to
convene the meeting.
(e) The quorum for the Branch General Assembly meetings shall be one third
CONSTITUTION ANDRULES
(1/3) of the membership.
8.8.1 Functions of the Branch General Assembly
The Branch General Assembly shall perform the following functions:
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(a) The Branch shall elect members of both the Branch Governing Council
(BCG) and the Branch Executive Committee (BEC).
(b) Shallapprovefinancialstatements/recordsattheBranchAnnualGeneral
Assembly (BGA).
(c) TheBranchGeneralAssemblyshallhavethepowertoelectbranchofficials every five
years/replace officials through by-elections where/when necessary.
(d) TheBranchshallruntheirownfinancialaffairsunderthedirectionofthe
National Executive Board.
8.9.0 The Branch Governing Council (BGC)
The Branch Governing Council shall consist of:
(a) The Chairperson, Vice Chairperson, Executive Secretary, Assistant Executive
Secretary, Treasurer, Assistant Treasurer, Branch Secretary Gender, Branch
Secretary Tertiary, Branch Secretary Secondary, and Branch Organising
Secretary. A branch shall co-opt committee members to represent various
constituencies. A third must comprise the gender balance.
(b) The Branch Governing Council shall meet at least once a school term. The
quorum for the meeting is one third (1/3).
8.10.0 The Functions of the Branch Governing Council
(a) Shall employ branch staff including elected secretary of the branch and any
other staff that may be deemed necessary.
(b) Shall coordinate Union activities in the Branch.
(c) Shall initiate the process of discipline of any member and forward the same to
the Secretary General any decision they arrive at their meeting within seven
(7) days.
(d) Shall maintain union projects at the branch level.
(e) Shall solicit; arrange/seek funding for the branch through loans upon
approval by the National Executive Board.
(f)
Shall ensure that they appoint branch auditor to look at the Union accounts at
the branch.
(g) Shall deposit at least 5% of their branch monthly Union dues as gratuity for
full time branch staff.
(h) Shallensurethatnomember/officialpublishesviews/enterintoany deals/moves to court
on any matter that commits the union in any way without authorisation from the
Secretary General.
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(i)
Shall direct the Assistant Executive Secretary to issue a notice of a meeting in the
event the Branch Executive Secretary fails to do so.
8.11.0 Branch Executive Committee (BEC)
(a) The Branch Executive Committee shall consist of the Chairperson, Vice
Chairperson, The Executive Secretary, the Assistant Secretary, the Branch
Treasurer, the Branch Assistant Treasurer, Branch Secretary Gender, Branch
Secretary Tertiary, Branch Organising Secretary and Branch Secretary
Secondary.
(b) The Branch Executive Committee shall meet at least once everymonth.
8.12.0 The Functions of the Branch Executive Committee
(a) To carry on vigorous mobilisation and campaign and organisational work
among teachers in order to help realise the aims and objectives of the Union.
(b) To pay relentless attention to the sentiments and remarks of the members
oftheteachingprofessioninKenyaandtoreportthesametotheofficeofthe
Secretary General.
(c) To recruit new members and to supervise the collection of all union fees
within their jurisdiction.
(d) To keep union records for membership up-to-date and to report any
irregularities to the Secretary General.
(e) To help organise the teachers within the area where the branch operates and
todoeverythingpossibletoco-ordinatetheirefforts,activitiesandwork.
(f) To undertake all such activities as may further the aims and objectives of
the Union to help execute the policy and programs of the Union and carry out
instructions received from Union secretariat at the Head Office.
(g) To plan and maintain Union projects in the branch for the teachers on behalf of
the National Governing Council.
(h) Shall coordinate activities of the Union as spelt out in this constitution and
National Governing Council during strikes and lock-outs.
(i) Nominatethree(3)womenrepresentativesintheirfirstmeetingafterelection.
8.13.0 Trustees
(a) There shall be Nine (9) Trustees, eight of whom shall be elected at the
Delegates’ Conference every fiveyears reflecting regional balance. Theninthslotshall
beoccupied bythefounderSecretaryGeneral of the union, until the occupant is
rendered ineligible.
(b) The election of Trustees shall be organised in such a manner that four of the eight elective
Trustees shall at all times be officials of opposite gender.
(c) TheTrusteesshallholdofficeforatleastfiveyearsandshalljointlybevested with the
custody of the union’s property and bank accounts.
(d) The Trustees shall oversee handing over and taking over from the preceding to
CONSTITUTION ANDRULES
succeedingofficerswithinseven(7)daysupontheregistrationofnew officers.
(e) The Trustees shall hold meetings at least once every school term and shall be
facilitated by the Executive Board.
(f) A TrusteemayberemovedfromofficeattheAnnualDelegatesConference/ or may
voluntarily resign in writing addressed to the Secretary General.
(g) The Trustees shall have the authority to scrutinise the books of accounts of a
branch/nationalofficeandrecommendto theNationalGoverningCouncil and /or
Annual Delegates’ Conference (ADC/SDC) the cause of action to be taken.
(h) The Trustees shallkeepinventory of unionpropertyattheBranchesandNationalOffice.
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ARTICLE 9.0: NOTICE FOR MEETINGS
All union meetings shall be convened through the issuance of a notice by the secretary
general for Annual Delegates Conferences/Special Conferences, National Governing
Council meetings, National Executive Board Meetings and Union committee meetings.
The Executive Secretary shall issue notices of meetings related to county branch
structures, However, any branch organ may requisition and summon such a meeting
by a resolution assented to by at least 6 members of that Branch organ in case the
Executive secretary fails to call a meeting.
ARTICLE 10.0: OFFICERS OF THE UNION
NATIONAL OFFICE
National Chairperson, National Vice Chairperson, Secretary General, Deputy Secretary
General, National Secretary Gender, National Treasurer, Assistant National Treasurer,
National Secretary Tertiary, National Secretary secondary, National Organising
Secretary, 1ST Assistant National Gender Secretary, 2ND Assistant National Gender
Secretary, 3RD Assistant Gender Secretary and Assistant National Secretary Junior
Secondary.
BRANCH OFFICES
Branch Chairperson, Branch Vice Chairperson, Branch Executive Secretary, Branch
Assistant ExecutiveSecretary, Branch Treasurer, Branch Assistant Treasurer, Branch
Secretary Gender, Branch Secretary Tertiary, Branch Secretary Secondary and Branch
Organising Secretary, 1ST Assistant Gender Secretary, 2ND Assistant Gender Secretary,
3RD Assistant Gender Secretary, and Assistant Secretary Junior Secondary.
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CONSTITUTION ANDRULES
ARTICLE 11.0: DUTIES AND FUNCTIONS OF THE OFFICES
NATIONAL OFFICES
11.1.0 The National Chairperson
(a) Shall preside at all conferences/meetings/forums at which he is present
except branchmeetings
(b) Shall lead all Union delegations.
(c) Shall enforce strict observance of the constitution and rules of the Union and
performsuchdutiesasbyusageandcustompertainingtohis/heroffice.
(d) Shall cast a deciding vote in case of a tie of vote on top ofhis/hers.
11.2.0 The National Vice Chairperson
(a) Shall in the absence of the National Chairperson preside over all conferences
meetings and forums except branch meetings.
(b) Shall in the absence of the National chairperson lead Uniondelegations.
(c) Shall perform any other duties he/she may be delegated by the national
chairperson and while performing such duties, shall enjoy the same privileges as
the National Chairperson.
11.3.0 The Secretary General
(a)
Shall be the Chief Executive Officer and spokesperson of the Union and shall be
responsible for execution and communication of National Executive Board’s,
National Governing Council’s, National Advisory Council’s and Delegates’
conferences strategies, decisions and policies.
(b) Shall in consultation with the National Chairperson issue notices of all
meetings/conferences in accordance with the provisions of the constitution.
(c) Shall in consultation with the National Chairperson prepare agenda for
meetings/conferences.
(d) Shall record minutes of all conferences, meetings of National Governing
Council and National Executive Board.
(e) Shall communicate to the relevant organs of the Union every disciplinary
issue from the branches and National Office.
(f)
Shall work in and ensure compliance with the Union constitution and Labour
Relations Act.
(g) Shall ensure membership register of the Union is prepared.
(h)
(i)
Shall assign specific duties to the Deputy Secretary General.
Shall maintain liaison with county branches and Union committee within the
union structure.
(j)
Shall be the custodian of the seal of the Union.
(k) Shall authorise all expenditure of union funds, establish proper internal
CONSTITUTION ANDRULES
budgetarycontrolsandensureannualreturnsarepromptlyfilledwith relevant
authorities.
(l)
Provideleadershiptoseniormanagementandstaffoftheunion.
(m) Ensure that the union has effective management plan including succession plan for the
Union staff.
(n) Develop and recommend to National Executive Board the annual business
plan for the union.
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(o)
Facilitate effective communication between the Union and the stakeholders, be
responsible for stakeholders’ management and the enhancement of the
Union`s corporate image.
11.4.0 Deputy Secretary General
(a) Shall assist the Secretary General and Act in his/her absence.
(b) Shall perform any other constitutional duties assigned to him/her by the
secretary general.
(c) ShallenjoytheprivilegesoftheofficeoftheSecretaryGeneralwhileactingin
that capacity.
11.5.0 The National Treasurer
(a) Shall be accountable for Union funds and shall keep and maintain all
necessary books of accounts.
(b) Shall ensure that no payment is made from union funds under his/her control
unless a payment voucher has been prepared and authorised in accordance
with the provisions of the labour relations (accounts) regulations.
(c) Shall on behalf of National Executive Board prepare and submit to National
Governing Council and the Annual Delegates’ Conference/Special Delegates’
Conference a report on the financial position of the Union together with a
statement of income, and expenditure at the end of every financial year.
(d) Shall pay to all branches the total monthly dues entitled to eachbranch ata
rateof65%(sixtyfivepercent),subjecttoprovisionsofarticle17(e)of this constitution.
(e) The treasurer shall deposit 5% of the Union’s monthly income to an account
specifically created to facilitate gratuity.
(f) Shall deduct money from branches to pay salaries for branch employees and
full-time secretaries.
11.6.0 Assistant National Treasurer
(a) Shall assist the National Treasurer and Act in his/her absence.
(b) ShallenjoytheprivilegesoftheofficeoftheNationalTreasurerwhileactingin
that capacity.
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CONSTITUTION ANDRULES
11.7.0 National Secretary Gender
(a) Shall be responsible for coordinating Gender issues amongmembers.
(b) Shall assist the Secretary General in addressing Gender issues with the TSC/
other agencies.
11.8.0 National Secretary Tertiary
(a) Shall be involved in coordinating Tertiary institutions issues at the secretariat.
(b) Shall represent the Union in committees of Tertiary institutions including
disciplinary issues.
11.9.0 National Secretary Secondary
(a) Shall be involved in coordinating secondary school issues at the secretariat.
(b) Shall represent the Union in committees of secondary schools including
disciplinary issues.
11.10.0 National Organising Secretary
(a) Shall be responsible for organising the Union’s meetings, workshops,
conferences and other events/activities, off-stage (beforehand) and on-stage
(during), as directed by the National Executive Board and/or National
Governing Council, in liaison with the National Chairperson, the Secretary
General and the National Treasurer.
(b) Shall perform any other duties of the Union as may be assigned/delegated by
the National Executive Board, National Governing Council /and/or the
Secretary General.
11.10.0.A 1ST Assistant National Secretary Gender
(a) Assist the National Secretary Gender in his/her absence.
(b) Develop a record of gender issues for consideration by the NEB.
(c) Any other duties that may be assigned by the NEB.
11.10.0.B. 2ND Assistant National Secretary Gender
(a) Assist the National Secretary Gender in handling issues of teachers
abled differently.
(b) Act as a link between teachers abled differently and the NEB.
(c) Work in liaison with other stakeholders in support of teachers
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abled differently.
(b) Any other duties as may be assigned by the NEB.
11.10.0.C 3RD Assistant National Secretary Gender
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(a) Coordinate youth programmes on behalf of the NEB.
(b) Assist the Secretary General in developing youth programmes within the
union.
(c) Develop a record of issues affecting young teachers for consideration
by the NEB.
(d) Any other duties as may be assigned by the NEB.
11.10.0.D Assistant National Secretary Junior Secondary
(a) Assist the National Secretary Secondary in his/her absence.
(b) Assist the Secretary General in the management of issues affecting
Junior Secondary School teachers.
(c) Develop a record of issues affecting Junior Secondary School teachers for
consideration by the NEB.
(d) Any other duties as may be assigned by the NEB.
BRANCH OFFICES
11.11.0 Branch Chairperson
(a) Shall preside at all branch governing council and branch executive committee
meetings at which he/she is present.
(b) Shall enforce observance of the constitution and rules of the union and
perform such other duties as by usage and customs pertains to his/her
office.
(c) Shall cast a deciding vote in case of a tie in a meeting.
11.12.0 Branch Vice Chairperson
(a) Shall act in absence of Chairperson and perform such duties as may be
delegated by the chairman for branch governing council.
(b) While performing such duties in the absence of the chairperson shall have the
same privileges as the chairperson.
11.13.0 Branch Executive Secretary
(a) Shallbetheexecutive officer/spokesperson ofthebranch.
(b) Shall issue notices of all meetings of the branch.
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CONSTITUTION ANDRULES
(c) Shall record minutes of all branch meetings.
(d) Shall be eligible to vote.
(e) Shall ensure maintenance of branch membership register/all other records.
(f)
Shallin consultation with thebranch chairperson prepare agenda formeetings.
(g) Shall submit reports and statements of accounts to the branch general
meeting and a copy to the secretary general.
(h) Shall submit annual returns to the registrar of trade unions as required by law.
11.14.0 Branch Assistant Executive Secretary
Shall assist branch Executive Secretary and shall act for him in absence.
11.15.0 Branch Treasurer
(a) Shall maintain clear records of branch funds/books of accounts.
(b) Shall be responsible for the funds of the branch.
(c) Shall ensure that no payment is made from branch funds under his/her
control unless a payment voucher has been prepared and authorised in
accordance with the provisions of the trade Unions (accounts provision/
regulations).
11.16.0 Assistant Branch Treasurer
(a) Shallassist the branch Treasurer and act in his/her absence.
(b) Shall enjoy the privileges of the office of the Branch Treasurer while acting
in that capacity.
11.17.0 Branch Secretary Gender
(a) Shall be responsible for coordinating gender issues among members within the
branch.
(b) Shall assist the executive secretary in addressing gender issues with the
Teachers Service Commission /other agencies.
11.18.0 Branch Secretary Tertiary
(a) Shall be involved in coordinating tertiary institutional issues and ensure their
effective attention by the branch officers.
(b) Shall represent the branch secretary in committees where tertiary institutions
are concerned.
11.19.0 Branch Secretary Secondary
Shall be involved in coordinating secondary school issues in the Branch.
CONSTITUTION ANDRULES
11.20.0 Branch Organising Secretary
Shall be responsible for dissemination of information regarding union activities,
prepare venues of meetings, broadcasts and arrange for press conferences.
11.21.0 1ST Assistant Branch Secretary Gender
(a) Assist the Branch Secretary Gender in his/her absence.
(b) Develop a record of gender issues for consideration by the BEC.
(c) Any other duties as may be assigned by the BEC.
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11.22.0 2ND Assistant Branch Secretary Gender
(a) Assist the Branch Secretary Gender in handling issues of teachers
abled differently.
(b) Act as a link between teachers abled differently and the BEC.
(c) Any other duties as may be assigned by the BEC.
11.23.0 3RD Assistant Branch Secretary Gender
(a) Coordinate youth programmes on behalf of the BEC.
(b) Assist the Executive Secretary in developing youth programmes.
(c) Any other duties as may be assigned by the BEC.
11.24.0 Assistant Branch Secretary Junior Secondary
(a) Assist the Branch Executive Secretary Secondary in his/her absence.
(b) Assist the Branch Executive Secretary in the management of issues affecting Junior
Secondary School teachers.
(c) Develop a record of issues affecting Junior Secondary School teachers for
consideration by the BEC.
(d) Any other duties as may be assigned by the BEC.
ARTICLE 12.0: TERM OF OFFICE BEARERS
(a) Alloffice–bearersshallbeelectedtoserveforatermof five (5)years,
buteligiblefor re-election.
(b) TheretirementageoftheunionofficialsshallbeSixty-Five(65) years.
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CONSTITUTION ANDRULES
ARTICLE 13.0: UNION ELECTIONS
(a) NATIONAL AND BRANCH ELECTIONS
(i)
Except as otherwise expressly provided for, all officers shall be elected every fiveyearsby
secretballotataspecialdelegates’conference(forNational officials)andatBranch
GeneralAssembly(forbranchesoftheunion).
Amembercontestingforanationalofficemustbeadelegateasdefinedin
Article 8.2 (b) above.
(ii)
(iii) Anybranchofficialcontestingforanynationalpositionshallresignfromhis/
her branch position not later than 31 days before the national union elections.
(iv) Notwithstandinga(ii)aboveanybranchofficialwhoresignsbydint
of paragraph (a) (iii) above shall be eligible to contest and to vote during the
aforementioned National elections.
(v)
Unless expressly provided for National Union elections shall be held at the
end of the 5th year, not later than 2nd week of December.
(vi) Only such members of the union not in arrears for more than 13 weeks with
their subscriptions shall be eligible to vote in elections of the union.
(vii) A candidate for a branch election must havebeen a subscribing member for at
least one year while those contesting for positions of Branch Chairman,
Executive Secretary and the Treasurer must have served in the BEC
for at least three years.
(viii) Principals/Deputy principal’s/Head teachers/Deputy head teachers of
institutions shall be eligible for elections as officials of the union provided those
elected as executive secretaries resign their positions in the institutions.
(ix) Everyofficeroftheunionshallvacatehis/herofficeontheexpiryoffiveyears but shall be
eligible for re-election, provided that Members of NEB remain in officeuntilthe
inaugurationoftheNewNEBmembersforcontinuityofthe Union`s operations.
(x)
(a) Persons contesting National Elections must submit their intention to vie
for positions to the National Governing Council through the Secretary
General four weeks prior to the date of elections attaching bank pay-
in slips of deposit of nomination fee to the union bank account to the
application.
(b) Upon receipt of the names of contestants the secretary general shall
publish the names of contestants and conspicuously display the names on
the union notice boards.
(xi) Elections shall be supervised by accredited government officers from the
Ministry of Labour and Human Resources Development/ in accordance with
the Labour Relations Act in force.
(xii) Branch elections shall precede national elections and shall be presided over by
government labour officials in their respective counties.
(xiii) The national executive board shall coordinate/ensure branch elections
adhere to the constitution.
(xiv) The National Executive Board shall prepare a timetable to be followed in the
CONSTITUTION ANDRULES
conduct of county branch elections.
(xv) The Secretary General shall issue notices of national and county branch
elections guided by the timetable prepared by the national executive board in
consultation with National Governing Council.
(xvi) Elected officers shall serve for five years.
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(b) BY-ELECTIONS
(i)
Intheeventofresignation/removal/ceasingtoholdoffice/deathofanyunion officialthe
positionshallbefiledinthefollowingmannerawaitingbranch assembly/delegates
conference.
The assistant to act until the next branch assembly/delegates conference is
convened. In case a vacancy arises in the assistants’ positions, the vacancy to
befilledduringtheDelegates’Conference/BranchGeneralAssembly.
(ii)
(c) REASONS FOR BY-ELECTION
(i) Transfer from the Branch.
(ii) Deployment to other ministries/promotion by employer.
(iii) Death.
(iv) Resignation.
(v) Being abroad for more than 6 months.
(vi) On conviction of criminal offence.
(vii) Removalfromofficebycourtandthereisnopendingappeal.
(viii) Expulsion by the National Governing Council.
ARTICLE 14.0 NOMINATION FEES
The nomination fees for various union positions shall be as follow:
(a) Secretary General – Kshs 500,000
(b) National Chairman – Kshs 500,000
(c) National Treasurer – Kshs. 500,000
(d) Deputy Secretary General – Kshs 300,000
(e) National Vice Chairman – Kshs 300,000
(f) National Organising secretary – Kshs 300,000
(g) National Gender Secretary – Kshs 300,000
(h) National Secretary Secondary – Kshs 300,000
(i) National Secretary Tertiary – Kshs 300,000
(j) Assistant National Treasurer – Kshs 300,000
(k) 1ST Assistant National Secretary Gender – Kshs 300,000
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CONSTITUTION ANDRULES
(l) 2ND Assistant National Secretary Gender – Kshs 300,000
(m) 3RD Assistant National Secretary Gender – Kshs 300,000
(n) Assistant National Secretary Junior Secondary – Kshs 300,000
(o) Executive Secretary – Kshs 200,000
(p) Branch Chairman – Kshs 100,000
(q) Branch Treasurer – Kshs 100,000
(r) Vice chairman – Kshs 50,000
(s) Assistant Secretary – Kshs 50,000
(t) Vice Treasurer – Kshs 50,000
(u) Organising secretary – Kshs 50,000
(v) Gender secretary – Kshs 50,000
(w) Secretary Secondary – Kshs 50,000
(x) Secretary Tertiary – Kshs 50,000
(y) 1ST Assistant Secretary Gender – Kshs 50,000
(z) 2ND Assistant Secretary Gender – Kshs 50,000
(aa) 3RD Assistant Secretary Gender – Kshs 50,000
(bb) Assistant Secretary Junior Secondary – Kshs 50,000
ARTICLE 15.0: COMMITTEES
(a) There shall be established committees at the secretariat.
(b) The mandate and scope of operations of such committees so formed shall be determined
by the National Governing Council.
(c) The National Governing Council shall develop by-laws to operate such
committees.
(d) MembershiptoanyofthecommitteesshallbefiveincludingtheChairperson except the
finance committee which shall be seven.
(e) The Secretary General and the Chairperson shall be members of such
committees and shall have voting rights.
15.1.0 Finance committee
(a)
Thefinance committee shallbecomposedofnotmorethansevenmembers
appointed by the National Governing Council.
(b) The financecommitteeshallmeetassuchatimetheSecretaryGeneralin
consultation with the National Chairperson may determine.
(c)
TheChairpersonshallbeappointedbythemembersintheirfirstmeeting. TheNational
TreasurershallbeSecretaryofthefinancecommittee.
(d) The committee shall assist the National Treasurer to draw annual budgets for
the union.
CONSTITUTION ANDRULES
15.2.0 Professional and Standards Committee
(a)
(b)
Thecommitteeshallcomprisenotmorethanfivemembersappointedbythe
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National Governing Council.
The committee shall deal with such matters of standards and professional issues.
15.3.0 The Constitutional and By-laws committee
(a) The National Governing Council shall establish a Constitutional and By-laws
Committee to:
i) Review all proposals to amend the constitution and by-laws and advise
the National Governing Council accordingly.
ii) Provide advice on constitutional matters referred to it by the Delegates’
Conference.
iii) To constantly check and review articles in the Union Constitution to be in
conformity with policies and regulations affecting labour practices.
(b) The Constitutional and By-laws Committee shall be composed ofnot more
thanfivemembersappointedbytheNationalGoverningCouncil.The Chairpersonshallbe
appointedbythemembersat their first sitting.
ARTICLE 16.0: GRATUITY
(a) The National and Branch Governing Council shall formulate by-lawsto regulate
gratuity schemes for registered union officials.
(b) The National Governing Council shall make such gratuity payable to Union
officialsupontheendofserviceforsuchofficersontermsspeltoutinthe by-laws.
(c) Allregisteredofficialsoftheunionshallqualifyforagratuityattheendof theirfiveyearterm
ofofficecalculatedasperbylaws.
(d) 5% of the Union monthly income shall be deposited to an account specially
created to facilitate gratuity.
ARTICLE 17.0: UNION FUNDS
(a) The Treasurer shall cause a bank account to be opened and maintained in the
name of the union and shall ensure that all monies belonging to union
received by him/her is paid to the said bank account within seven days of
receipt of such monies.
(b) (i) Expenditureshallbegovernedbyfinancialregulationsoftheunionwithin theframework
oftheannualbudget,draftedbythefinancecommittee upon the proposals
23
CONSTITUTION ANDRULES
submitted by the Treasurer and the Secretary General/Executive
Secretary/Branch Treasurer.
(ii) The budget shall be submitted to the National Governing Council/the
Branch Governing Council by the finance committee/Branch Treasurer.
(iii) The accounts of Kenya Union of Post Primary Education Teachers shall be
closed on December 31st of each year and shall be audited by qualified
accountants registered according to national standards by 31st March of the
following year.
(iv) Thefinancialandauditor’sreportsshallbepresentedtothelastmeeting
of the National Governing Council of each year.
(v) The auditors’ reports shall be presented to the annual Delegates’
Conference/Special Delegates’ Conference.
(c) Union’s funds may be spent only as provided for by the Labour Relations Act in
force.
(d) Signatories to the national union accounts shall be; National treasurer, the
Secretary General, the National Chairperson and/or a Trustee for National
OfficeaccountsandtheBranchChairperson,Treasurer,andExecutive Secretary for
county branches.
(e) (i) The National Treasurer shall pay to all branches the total monthly dues
entitled to each branch at a rate of 65% (sixty-five percent);
ii. Nonetheless the Monthly remittance to the Union Branches referred to in
(i) above may be varied under the following circumstances;
(a) VariationinpaymentofaffiliationfeestoNationalor international Trade
Union that KUPPET is affiliated.
(b) AnyvariationonthepersonalemolumentcostfortheNEBstaff and Branches
staffs including the Branch Executive Secretary handed over to the
National executive Board.
(c) Shortfall on the monthly collections.
(d) Unforeseen expenditure to cover for emergencies subject to
approval by National Governing council.
(f) The National Treasurer shall be permitted to retain in cash a sum not
exceeding Kshs. 10,000.00 (Ten thousand Kenya shillings) (for sundry
expenses) or as shall be determined from time to time by the National
Governing Council.
(g) The National Treasurer shall deduct money from branch dues to pay salaries of
the branch employees and full time executive secretaries.
ARTICLE 18.0: AUDITORS
(i)
The Delegates’ Conference shall appoint a qualified Accountant(s) to audit the accountsofthe
Unionassoonaspossibleaftertheendofeachfinancialyear andshallsubmitageneral
reportonthefinancialpositionoftheUnionby 31st of March the following year.
A copy of the audited report shall be available/displayed conspicuously at the
(ii)
CONSTITUTION ANDRULES
registered Union offices.
ARTICLE 19.0: INSPECTION OF AUDITED ACCOUNTS
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(a) Paid up members shall have the right to request the National and the Branch
Treasurers to inspect the certified books accounts.
(b) Audited accounts of the Union shall be available on the website for members.
ARTICLE 20.0: MEETINGS
20.1.0 THE CHAIR
(a) (i) In all meetings the Chairperson shall declare that a quorum hasbeen attained
before such a meeting looks into the agenda for the day.
(ii) The Chairperson shall call the meeting to order with a word of prayer from a
member.
(b) In all meetings the following procedure shall be followed:
(c) Agenda shall be proposed and moved/adopted or amended before it is debated.
(d) A resolution shall be passed out if it has been arrived at by consensus/division.
(e) Members shall only address the agenda of the day beingdebated.
(f) A member who wishes to debate an agenda shall catch the eye of the chair by a
show of hands.
(g) The agenda shall be addressed through the Chairperson.
(h) Any member who shall show disrespect to the Chairperson/out of order shall be
reprimandedbytheChairperson.Continueddefianceshallbepunishable by
suspension/exclusion from the meeting by the chairperson.
(i) Notwithstanding the absence of quorum, a properly convened meeting of the
union shall be authorised to conduct the following business:
(i) The confirmation ofminutes.
(ii) The passing of Accounts for payment.
(iii) Any other business which in the opinion of the meeting is of such
importance and urgency as to require immediate consideration/action
exceptconductingelections/removingofficialsfromoffice.
20.2.0 MINUTES
The Secretary General/Branch Executive Secretaries shall cause minutes to be made
of all business transacted at meetings of the Union. Minutes which have been
confirmedandsignedbytheChairpersonofthemeetinginwhichtheyweremade shall form
conclusive evidence of the business transacted thereat.
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CONSTITUTION ANDRULES
20.3.0 RESOLUTIONS
(a) Every resolution shall be moved and seconded before being put to vote.
(b) A resolution shall be deemed as having been carried if passed by a single
majority.
(c) A declaration by the National Chairperson/Branch Chairperson that a resolution
iscarriedandentrytotheeffectintheminutesoftheproceedings shallbesufficient
evidenceofthedeclaration.
(d) Only Organs of the Union or any other Committee(s) and not individuals/
officers shall send resolutions for determination at the Annual Delegates Conference
/Special Delegates Conference.
(e) No members shall disclose/attempt to disclose information to unauthorised
person matter(s)/issues being considered/being dealt with by the Union
organs without proper authority.
ARTICLE 21.0: DISCIPLINE
21.1.0 Disciplinary Committee
(a) There shall be established a Standing disciplinary committee of the National
Executive Board comprising five members appointed by National Executive Board.
(b) The National Vice Chairperson shall be the chairperson and the Deputy
Secretary General shall be the Secretary of this committee.
(c) The quorum of this committee meeting shall be a simple majority of the total
membership.
(d) This committee shall have exclusive jurisdiction of all cases of breach of the
provisions of this constitution and rules therewith, or any other gross
misconductbyamember,OfficialoraBranchoftheUnion.
21.2.0 Offences and Sanctions
(a) The National Executive Board shall have powers to initiate disciplinary
proceedings against union officials who commit offences which include but not limited to
the following:
(i) Misuse of union funds and/or property.
(ii) Loss of union funds through negligence.
(iii) Bribery.
(iv) Soliciting for favour to deliver services.
(v) Sexual harassment.
(vi) A member charged and/or convicted of any economic crime by municipal or
international courts or tribunals.
(vii) National Executive Board may take disciplinary action against officials of the union
whose criminal proceedings are pending before Court of Law orwhohas
beenconvictedbycourtoflawforanoffensewhichNational Executive Board is
CONSTITUTION ANDRULES
handling.
(viii)OtheractsoromissionswhichintheopinionoftheNEBgrosslyoffend public policy
and interests of the union.
(b) The Disciplinary Committee of the National Executive Board shall recommend
any of the following sanctions;
(i) Caution.
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(ii) Warning.
(iii) Surcharge and/or Fine.
(iv) Suspension.
(v) Expulsion.
(vi) Deregistration of a Branch.
(vii) Judicial Prosecution.
(c) The Committee shall have the discretion of what punishment/ or remedy to
recommend fora memberorofficial offender, provided thatamember can only be
suspended or expelled from the union by National Governing Council`s 2/3
ResolutionuponrecommendationbytheDisciplinarycommittee.
(d) Notwithstanding 21.2.0 (c) above, Suspension or expulsion shall be the
recommended punishment for any member who Breaches any of the terms of
the constitution or acts in a manner which is detrimental to the rest of the
union.
21.3.0 The Disciplinary Process
The disciplinary process shall be as follows:
(i) A member, Branch or the National Executive Board upon noticing breach/
ormisconductofamemberorBranchmaylodgeanofficialcomplaint in writing,
indicating the particulars of the alleged breach or misconduct, with the
Secretary General who shall launch investigation on the same andtable
findingsonwhethertodismissthecomplaintortoconvenea disciplinary hearing
on the complaint at a National Executive Board meeting within 14 days
from the date of the receipt of complaint. Which decision shall be
communicated to the complainant and the alleged offendingmember/official
orBranchinwritingwithin(7)sevendaysfrom thedatewhentheinvestigation
finding(s)wastabledattheNational Executive Board meeting.
(ii) A Branch of the Union may initiate disciplinary proceeding (s) on a
member and recommend such action to the National Executive Board.
(iii) OnarecommendationtodisciplineaMember,OfficialoraBranch,the Secretary
General shall summon the Disciplinary Committee of National Executive
Board within 14 days from the date of the recommendation, prescribing
the place, Date and time of the disciplinaryhearing.
(iv) TheSecretaryGeneralshallsummontheoffendingMemberand/or Official,
providedthatincaseofanoffendingBranch,thesaidBranch`s executive secretary
shall appear on behalf of the Branch to answer to the allegations.
(v) AnoffendingMemberorOfficialshallduringthehearingofhismatter have the right
to adduce any evidence in support of his/her case and also to call witnesses
provided that such evidence is availed to the Secretary General at least (2)
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CONSTITUTION ANDRULES
two working days to the hearing date.
(vi) On the hearing Date, the Disciplinary committee may co-opt an Advocate
and /or a Human Resources Practitioner whose roles will be limited to
advising on matters of disciplinary procedures and processes.
(vii) This hearing being an administrative function, the Committee shall not be
bound by the strict Rules of Evidence as would be in court therefore the
provisions of Evidence Act Cap 80 Laws of Kenya are excluded from these
Committee proceedings.
(viii)The decision of the National Executive Board`s Disciplinary Committee shall
be forwarded to the full board of National Executive Board Within (7) Seven
daysfromthehearingdateforapprovalandratification.
(ix) Providedthatthedecisioniscommunicatedtotheoffendingmember, officerorBranch
notlaterthan14daysfromthedateofhearingbefore the Disciplinary Committee
of National Executive Board., and the resolution/decisionshalltakeeffect
fromthedateoftheletter communicating the same, which shall be signed by
the Secretary General.
(x) NoMember/Officialshallbesuspendedorremovedfromofficeunless he/she has
been given an opportunity of being heard by relevant organ oftheUnion.
Suchmember/officialshallhavetherightofappealin writing within 14 days of
any action. The appeal lies with the National Governing Council and shall
be addressed to the Secretary General indicating the grounds of appeal
and reasons therein.
(xi) The Secretary General shall cause the National Governing Council to hear
and determine the appeal.
(xii) The Decision of the Disciplinary Committee of National Executive Board
and National Governing Council shall be via a popular vote and a simple
majority of the members present shall be binding on the Union
leadership.
(xiii)Any decision taken by the National Governing Council (NGC) to suspend
or expel a member or official shall be final.
(xiv)Full–timeofficialsservingsuspensionshallbeentitledtohalfsalaries.
(xv) Uponexpulsionofamemberorofficialallmoniesdueexcept subscription in
arrears to the union by such members shall become payable. If payment is
not made within fourteen days, the union may take such steps as it considers
necessary to secure settlement.
(xvi)Amemberorofficialshallceasetobeentitledtoanyofthebenefitsof membership
includingtherighttovoteandholdofficeduringanyperiod which he is under
suspension in terms of this Constitution. `
ARTICLE 22.0: INDUSTRIAL ACTION/DISPUTE
a) In an event of any Professional/Industrial Dispute arising between members
and their employers, the members concerned shall make it known to their
branch executive committee.
CONSTITUTION ANDRULES
(b) In no case shall a cessation of work be threatened or take place without the
sanctioning by National Governing council.
(c) In an event of a strike/sit in/being called with instruction of the National
GoverningCouncil,nooneshallcalloffthestrikeunlessdullyauthorisedby the National
Governing council.
(d) A member who desires to have steps to be taken with regard to increase or
improvements in conditions of employments shall pass such desires to the
Branch Executive Secretary who shall report the claim to the secretary
general for consideration by the National Governing Council.
(e) Noofficial/branch/membershallmovetoCourtonanymattercommittingthe
Branch/Union on any cause unless authorised by the secretary general.
(f) NomatterorthingdonebyanofficialoftheUnionoranyofficer,staffor agent of the
union shall, if the matter is done in good faith for executing mandates,functions
ordutiesoftheUnion,rendertheofficial,stafforagent personally liable to any claim,
action or demand whatsoever.
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ARTICLE 23.0: BY-LAWS AND RULES OF PROCEDURE
By-laws and rules of procedure shall be appended to this Constitution in order to
regulatesuchmattersasconductofConferences, MeetingoftheNationalGoverning
Council and the National Executive Board and any other matters referred to it by the
Delegates’ Conference and the Constitution.
ARTICLE 24.0: INTERPRETATION
In the event of question or doubt as to the interpretation of the provisions of the
Constitution or By-laws, the registered Constitution shall be supreme. The
interpretation of the Constitution and By-laws is within the purview of theNational
Executive Board and the Constitution and By-laws Committee.
ARTICLE 25.0: AMENDMENTS AND ALTERATIONS
OF SECTIONS OF THIS CONSTITUTION
(a) Alteration of any section/subsection(s) of this Constitution shall only be made by
a resolution noted and passed at the Annual Delegates’ Conference or Special
Delegate Conference.
(b) All proposals for amendments shall be submitted to the Secretary General
not less than 30 days before the date of such Delegates’ Conference.
(c) No alteration of these rules shall take effect until the date of registration thereofby
theRegistrarofTradeUnionsunlesssomelaterdateisspecifiedin the rules.
(d) Notices of motion to amend the Constitution must be submitted in writing to
the Secretary General not less than six (6) months before the Annual
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CONSTITUTION ANDRULES
Delegates’ Conference. The notices shall be circulated to all branches at least
three (3) months prior to the Delegates’ conference together with the
comments which the National Executive Board may wish to communicate to
the members.
(e) A proposed amendment to the Constitution shall be declared adopted if
supported by not less than two thirds of the total votes cast.
ARTICLE 26.0: DISSOLUTION OF THE UNION
a.
The Delegates Conference shall be the only body authorised to decide
upon the dissolution of the Kenya Union of Post Primary Education
Teachers, provided thataproposaltothateffecthasbeenplacedbeforetheAnnual
Delegates’ Conference (ADC)/Special Delegates’ Conference (SDC) agenda,
and provided thatatleastsix(6)months’noticehasbeengiventoa specificmotionto
this effect.
b. A resolution calling for the dissolution of the Kenya Union of Post
Primary Education Teachers shall be implemented, provided that it has
secured at least two thirds majority of the votes cast. It shall be binding
upon the delegatestomakespecificprovisionsforthedischargeofanyfinancial
obligations of Kenya Union of Post Primary Education Teachers,
including obligations to its employees and for the disposal of its assets.
c.
Upon winding up of the union, the remaining and assets after the
payments of debts and liabilities, shall be transferred to a body with
judicial powers in accordance with the Constitution of Kenya.
CONSTITUTION ANDRULES
ARTICLE 27.0: AUTHORITY
Theundersigned,beingatthetimeNationalOfficialsoftheUnioninthe capacities as
indicated and having authority on all matters of the Union herein, do authenticate
and proclaim this document as the Union Constitution.
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This……………day of…………………………2024
_______________________________________
Moses Nthurima
ACTING SECRETARY GENERAL
This……………day of…………………………2024
_____________________________________
Omboko Milemba
NATIONAL CHAIRPERSON
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CONSTITUTION ANDRULES
ACRONYMS
ADC
BGA
BEC
BGC
DC
Annual Delegates’Conference
Branch General Assembly
Branch Executive Committee
Branch Governing Council
Delegates Conference
IR
Institution Representative
Kenya Union of Post Primary Education Teachers
National Advisory Council
National Executive Board
National Governing Council
Regional Council
KUPPET
NAC
NEB
NGC
RC
SDC
SR
Special DelegatesConference
School Representative