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Final ammended Kuppet Constitution 2024/ 2025

A section of officials drawn from the Kenya Union of Post Primary Education Teachers (Kuppet) at a past press briefing.

Final ammended Kuppet Constitution 2024/ 2025

CONSTITUTION ANDRULES

KENYA UNION OF

POST PRIMARY EDUCATION

TEACHERS (KUPPET)

CONSTITUTION AND RULES

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……………………………………….…………….…….………

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

CONSTITUTION…………………………………………………………..………..…

ARTICLE 26.0 DISSOLUTION OF THE UNION……………………………………………..….. 30

ARTICLE 27.0 AUTHORITY….…………………………………………….………………..……..…. 31

ACRONYMS

………………………………………………………………………………………. 32

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.

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.

CONSTITUTION ANDRULES

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.

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)

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

CONSTITUTION ANDRULES

Professional and Standards Committee of the union.

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.

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.

CONSTITUTION ANDRULES

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.

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.

(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, 1^ST

Assistant National Gender Secretary, 2^NDAssistant National Gender

Secretary, 3^RDAssistant 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.

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

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, 1^STAssistant National Gender

Secretary, 2^NDAssistant National Gender Secretary, 3^RDAssistant 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.

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.

(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.

CONSTITUTION ANDRULES

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.

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.

(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).

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.

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.

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.

custody of the union’s property and bank accounts.

(d) The Trustees shall oversee handing over and taking over from the preceding to

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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, 1^STAssistant National Gender Secretary, 2^NDAssistant National Gender

Secretary, 3^RDAssistant 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, 1^STAssistant Gender Secretary, 2^NDAssistant Gender Secretary,

3^RDAssistant Gender Secretary, and Assistant Secretary Junior Secondary.

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.

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.

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.

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.

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.

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.

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 1^STAssistant 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.

11.10.0.B. 2^NDAssistant 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.

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abled differently.

(b) Any other duties as may be assigned by the NEB.

11.10.0.C 3^RDAssistant 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.

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.

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.

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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(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.

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 1^STAssistant 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.

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11.22.0 2^NDAssistant 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.

11.23.0 3^RDAssistant Branch Secretary Gender

(a) Coordinate youth programmes on behalf of the BEC.

(b) Assist the Executive Secretary in developing youth programmes.

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.

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.

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)

(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

(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) 1^STAssistant National Secretary Gender – Kshs 300,000

CONSTITUTION ANDRULES

(l) 2^NDAssistant National Secretary Gender – Kshs 300,000

(m) 3^RDAssistant 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) 1^STAssistant Secretary Gender – Kshs 50,000

(z) 2^NDAssistant Secretary Gender – Kshs 50,000

(aa) 3^RDAssistant 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.

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.

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

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.

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.

(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:

(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.

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.

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.

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.

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)

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.

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.

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

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

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.

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

CONSTITUTION ANDRULES

ACRONYMS

ADC

BGA

BEC

BGC

Annual Delegates’Conference

Branch General Assembly

Branch Executive Committee

Branch Governing Council

Delegates Conference

Institution Representative

Kenya Union of Post Primary Education Teachers

National Advisory Council

National Executive Board

National Governing Council

Regional Council

KUPPET

NAC

NEB

NGC

SDC

Special DelegatesConference

School Representative

By Editorial Team

The Education News Hub Editorial Team is made up of vibrant and experienced editors. Brian Yano is an accomplished longtime Digital Media Journalist at Educationnewshub.co.ke with a great passion for research and fact-checking. He delivers engaging content across diverse topics, with a special interest in Education matters. On her part, Yvonne Kemunto is a journalist, dedicated to unraveling stories that matter. With a keen eye for detail and a passion for storytelling, she brings a fresh perspective to the world of media. Her commitment to detail and excellence shines through in every piece she crafts. Our newest member of the Editorial Team is Jennifer Mumbo. She is a Seasoned Multimedia Journalist with several years' experience; dating back to 2018. Jennifer has a passion for education, sports, tech, politics and entertainment. You can reach the editors at educationnewshub3@gmail.com.