Circular by Registrar of Trade Unions on Knut elections in Kiambu and Kericho

Circular by Registrar of Trade Unions on Knut elections in Kiambu and Kericho

The  General Secretary
Kenya National Union of Teachers
P.O.Box 30407 -00100
NAIROBI

14 January, 2021

Dear Sir,

RE: KNUT ELECTIONS

The above matter and the union circular Ref. T/CIRCULAR/122/16/2020 dated  18th December, 2020, addressed to all Branch Executive Secretaries refers.

I wish to inform you that no. 4 of the circular which states that members who are due to retire are not eligible to contest, has been contested by the Branch Executive Secretary, Kericho.

The gist of contention is that this requirement contravenes the provisions of Article X(C) (2) of the union constitution which provides that a trained and qualified teacher shall be eligible for elections as a KNUT Branch Official after five (5) years continuous service as a teacher and as a member of KNUT.

While I appreciate that the Union Constitution has set the retirement age at 60 years, I wish to advice that the circular should be specific preferably by stating the year of birth of those who are not eligible to vie.

The requirement is too general and is causing confusion among  members. The provisions of Article. X(C) (2) above quoted should also be taken into consideration even as you deal with each application  on an individual basis.

Further, I also wish to inform you that your letter  Ref. KNUT/KIAMBUW/852/1/2021 dated 7th January, 2021 barring the Kiambu West Executive Secretary from vying has also been contested on the grounds that this is unconstitutional and also that the matter of suspension is subject to a court  case.

While I note the contents  of your said  letter  following the National Executive’s Council (NEC) meeting held on 3rd September, 2020, I wish to inform you that the complainant  is still the registered official of the branch.

The matter is also subject to a court case petition no. E032 of 2020 at ELRC. Nairobi, where the Registrar is also a Respondent.

The case is yet to be determined. Taking action on the suspension when the matter is still in court  is therefore sub-judice.

In addition, the Union Constitution does not contain any provision barring   suspended officials from vying for elections.

From the foregoing, you are therefore advised to re-look  into these two issues and ensure that there is a level playing  ground  during the elections and that the law and the union constitution are complied with.

E. N. GICHEHA (MRS)
REGISTRAR OF TRADE UNIONS

CC.

Cabinet Secretary,
Ministry of Labour and  Social Protection
P.O. BOX 30040-00100
NAIROBI

The Branch Executive Secretary
Knut Kericho Branch

The Branch Executive Secretary
Kiambu West Branch Labour Commissioner

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